JOYCE T ONGSIP t/a LT ENTERPRISES CO v. PIMATRONICS LTD

JOYCE T ONGSIP t/a LT ENTERPRISES CO v. PIMATRONICS LTD

On the balance of probabilities the 1st defendant made the representations that LT was a recognized agent and would provide solicitation/assistance; those representations were false and made fraudulently or recklessly; the false representations induced Pimatronics to pay commissions totaling USD701,714.76, and the 1st defendant is liable to repay that sum with interest and to pay costs, subject to credit for LT's settlement.

Citation
JOYCE T ONGSIP t/a LT ENTERPRISES CO v. PIMATRONICS LTD
Parties
Plaintiff (original): Joyce T Ongsip trading as LT Enterprises Co; Defendant (original) / Plaintiff (counterclaim): Pimatronics Limited; 1st Defendant (counterclaim): Lee Man Hoi Ocean; 2nd Defendant (counterclaim): Joyce T Ongsip trading as LT Enterprises Co; 3rd Defendant (counterclaim): Lim Fung Ping
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 September 2014
Case Number
HCA611/2010
Procedural Posture
Civil Action: Fraudulent Misrepresentation / Counterclaim / Judgment After Trial (court of First Instance)
Outcome
Judgment for Pimatronics on its counterclaim against Lee Man Hoi Ocean
Legal Topics
Fraudulent Misrepresentation, Inducement, Agency, Damages, Interest, Costs
Source Language
EN
Tort Contract Civil Procedure Commercial Law Fraudulent Misrepresentation Inducement Agency Damages +2 more

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Parties

Joyce T Ongsip trading as LT Enterprises Co

Plaintiff (original)

Pimatronics Limited

Defendant (original) / Plaintiff (counterclaim)

Lee Man Hoi Ocean

1st Defendant (counterclaim)

Joyce T Ongsip trading as LT Enterprises Co

2nd Defendant (counterclaim)

Lim Fung Ping

3rd Defendant (counterclaim)

Procedural Posture

Civil Action: Fraudulent Misrepresentation / Counterclaim / Judgment After Trial (court of First Instance)

Legal Issues

  1. 1 Whether the representations were made by the 1st defendant
  2. 2 Whether the representations were false
  3. 3 Whether the misrepresentations were made fraudulently or recklessly

Ratio Decidendi

On the balance of probabilities the 1st defendant made the representations that LT was a recognized agent and would provide solicitation/assistance; those representations were false and made fraudulently or recklessly; the false representations induced Pimatronics to pay commissions totaling USD701,714.76, and the 1st defendant is liable to repay that sum with interest and to pay costs, subject to credit for LT's settlement.

Court Disposition

Judgment for Pimatronics on its counterclaim against Lee Man Hoi Ocean

Orders

  • Ocean Lee do pay Pimatronics USD701,714.76 with interest at HSBC prime rate plus 1% from 25 June 2010 to judgment and thereafter at judgment rate until payment
  • The costs of Pimatronics' counterclaim against Ocean Lee, LT and Dennis Lim to be paid by Ocean Lee to Pimatronics; costs to be taxed if not agreed