WONG YU CHO, ROLLY AND ANOTHER v. ART STATEMENTS LTD AND OTHERS

WONG YU CHO, ROLLY AND ANOTHER v. ART STATEMENTS LTD AND OTHERS

The court preferred the Relevant Defendants' factual witnesses and expert evidence, found plaintiffs' evidence inconsistent and uncorroborated, rejected existence of the alleged buyer and the asserted loss of chance, found no credible basis that 28 thangkas were delivered (accepting defendants' account that 23/24 existed), held the 2nd defendant was not personally liable beyond his role as officer/agent, dismissed the plaintiffs' claims and the 1st defendant's counterclaim (because the consignment expressly allocated responsibility for expenditures and the counterclaim failed to prove wasted expenditure and causation), and declined relief against the 3rd defendant for lack of proof of...

Citation
[2023] HKDC 462
Parties
1st Plaintiff: WONG YU CHO, ROLLY; 2nd Plaintiff (deceased): WONG WING KING; 1st Defendant: ART STATEMENTS LTD; 2nd Defendant: MR DOMINIQUE PERREGAUX; 3rd Defendant: MS KIM LEUNG（梁瑞儀）
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
6 April 2023
Case Number
DCCJ1224/2018
Procedural Posture
Civil Action Consignment / Contract Dispute / Judgment After Trial
Outcome
Plaintiffs' claims dismissed; 1st Defendant's counterclaim dismissed; no orders against 3rd Defendant for lack of valid service; costs ordered
Legal Topics
Consignment Agreement, Loss of Chance, Conversion/return of Goods, Breach of Contract, Service of Process, Weight and Admissibility of Evidence, Expert Witness Duties, Costs
Source Language
EN
Contract Tort Evidence Civil Procedure Commercial Law Property/chattels Consignment Agreement Loss of Chance +6 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

WONG YU CHO, ROLLY

1st Plaintiff

WONG WING KING

2nd Plaintiff (deceased)

ART STATEMENTS LTD

1st Defendant

MR DOMINIQUE PERREGAUX

2nd Defendant

MS KIM LEUNG（梁瑞儀）

3rd Defendant

Procedural Posture

Civil Action Consignment / Contract Dispute / Judgment After Trial

Legal Issues

  1. 1 Whether 28 or 24 thangkas were consigned and whether plaintiffs are entitled to return/value for four missing thangkas
  2. 2 Whether plaintiffs proved a real or substantial chance of sale (loss of chance) of the Guanyin Statue and Stone Lions and entitlement to damages
  3. 3 Whether the 2nd defendant is personally liable or acted as agent/officer of 1st defendant

Ratio Decidendi

The court preferred the Relevant Defendants' factual witnesses and expert evidence, found plaintiffs' evidence inconsistent and uncorroborated, rejected existence of the alleged buyer and the asserted loss of chance, found no credible basis that 28 thangkas were delivered (accepting defendants' account that 23/24 existed), held the 2nd defendant was not personally liable beyond his role as officer/agent, dismissed the plaintiffs' claims and the 1st defendant's counterclaim (because the consignment expressly allocated responsibility for expenditures and the counterclaim failed to prove wasted expenditure and causation), and declined relief against the 3rd defendant for lack of proof of...

Court Disposition

Plaintiffs' claims dismissed; 1st Defendant's counterclaim dismissed; no orders against 3rd Defendant for lack of valid service; costs ordered

Orders

  • Plaintiffs' claim against Relevant Defendants dismissed
  • 1st Defendant's counterclaim dismissed