YUEN SHUI CHUN AND ANOTHER v. CUNG SHIRLEY TU NHAN

YUEN SHUI CHUN AND ANOTHER v. CUNG SHIRLEY TU NHAN

The claim is dismissed because the Plaintiffs failed to prove on a balance of probabilities that the gemstones examined by the expert in 2000 were the same gemstones sold to them in 1997; without establishing identity the alleged misrepresentation cannot be proved, so rescission and damages fail.

Citation
YUEN SHUI CHUN AND ANOTHER v. CUNG SHIRLEY TU NHAN
Parties
1st Plaintiff: Yuen Shui Chun; 2nd Plaintiff: Lee Li Heung; Defendant: Cung Shirley Tu Nhan
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
17 July 2002
Case Number
DCCJ7251/2001
Procedural Posture
Civil Action (contract/misrepresentation) / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Rescission, Fraudulent Misrepresentation, Negligent Misrepresentation, Reliance, Chain of Custody of Evidence, Expert Evidence (gemologist)
Source Language
EN
Contract Tort Evidence Commercial Rescission Fraudulent Misrepresentation Negligent Misrepresentation Reliance +2 more

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Parties

Yuen Shui Chun

1st Plaintiff

Lee Li Heung

2nd Plaintiff

Cung Shirley Tu Nhan

Defendant

Procedural Posture

Civil Action (contract/misrepresentation) / Judgment After Trial

Legal Issues

  1. 1 Whether the gemstones examined in 2000 were the same stones sold in January 1997
  2. 2 Whether the Defendant made representations inducing the purchases
  3. 3 Whether the Plaintiffs relied on the Defendant and the Hong Kong Gems Laboratory certificates

Ratio Decidendi

The claim is dismissed because the Plaintiffs failed to prove on a balance of probabilities that the gemstones examined by the expert in 2000 were the same gemstones sold to them in 1997; without establishing identity the alleged misrepresentation cannot be proved, so rescission and damages fail.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed with costs and certificate for counsel
  • Payment deposited into Court to be released and returned to the Defendant forthwith