TING YUK AND OTHERS v. TING YEE WA AND OTHERS

TING YUK AND OTHERS v. TING YEE WA AND OTHERS

The plaintiffs proved multiple remittances and consequential losses flowing directly from defendants' fraudulent misrepresentations and are entitled to restitution of those remitted funds and proved consequential losses; unparticularised or unpleaded claims fail; claim for compound interest rejected for lack of particulars; exemplary damages awarded to punish and deter; appropriate pre-judgment interest fixed at commercial borrowing rate plus 1% (from payment dates for remittances and from service of writ for other damages) and judgment rate thereafter; costs to plaintiffs on party-and-party basis subject to taxation per Legal Aid Regulations.

Citation
[2018] HKCFI 893
Parties
1st Plaintiff: TING YUK; 2nd Plaintiff: IP WAI MAN; 3rd Plaintiff (ceased Participation): TING LAI SHAN (formerly TING YUNG); 1st Defendant: TING YEE WA (also known as Robert TING); 2nd Defendant: CHAN SIK YING (also known as Cindy CHAN); 3rd Defendant: TING YAU KAR (also known as Erica TING); 4th Defendant: TING YAU LI (also known as Shirley TING); 5th Defendant: TSOPANIDIS NICHOLAS (also known as TSOPANIDIS NICHOLAOS)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 April 2018
Case Number
HCA422/2012
Procedural Posture
Deceit/fraud (civil Tort) / Assessment of Damages Following Interlocutory Judgment (defendants Defaulted)
Outcome
Judgment for 1st and 2nd plaintiffs; 1st–5th defendants ordered jointly and severally to pay specified sums in HKD and AUD with interest and costs
Legal Topics
Fraudulent Misrepresentation (deceit), Assessment of Damages, Restitution of Remitted Funds, Exemplary Damages, Pre Judgment Interest, Compound Interest, Mitigation, Pleading and Particularity
Source Language
EN
Tort Fraud Civil Procedure Equity Remedies Interest Law Fraudulent Misrepresentation (deceit) Assessment of Damages +6 more

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Parties

TING YUK

1st Plaintiff

IP WAI MAN

2nd Plaintiff

TING LAI SHAN (formerly TING YUNG)

3rd Plaintiff (ceased Participation)

TING YEE WA (also known as Robert TING)

1st Defendant

CHAN SIK YING (also known as Cindy CHAN)

2nd Defendant

TING YAU KAR (also known as Erica TING)

3rd Defendant

TING YAU LI (also known as Shirley TING)

4th Defendant

TSOPANIDIS NICHOLAS (also known as TSOPANIDIS NICHOLAOS)

5th Defendant

Procedural Posture

Deceit/fraud (civil Tort) / Assessment of Damages Following Interlocutory Judgment (defendants Defaulted)

Legal Issues

  1. 1 Are remittances induced by defendants recoverable as damages for deceit?
  2. 2 What items of consequential loss flow directly from the fraud and are proved?
  3. 3 Whether compound interest may be awarded and on what basis?

Ratio Decidendi

The plaintiffs proved multiple remittances and consequential losses flowing directly from defendants' fraudulent misrepresentations and are entitled to restitution of those remitted funds and proved consequential losses; unparticularised or unpleaded claims fail; claim for compound interest rejected for lack of particulars; exemplary damages awarded to punish and deter; appropriate pre-judgment interest fixed at commercial borrowing rate plus 1% (from payment dates for remittances and from service of writ for other damages) and judgment rate thereafter; costs to plaintiffs on party-and-party basis subject to taxation per Legal Aid Regulations.

Court Disposition

Judgment for 1st and 2nd plaintiffs; 1st–5th defendants ordered jointly and severally to pay specified sums in HKD and AUD with interest and costs

Orders

  • 1st to 5th defendants to pay 1st and 2nd plaintiffs jointly and severally HK$5,506,586.06 and A$1,384,303.96 for damages arising from the fraud
  • For remittances (HK$1,275,039.11 and A$1,384,303.96) defendants to pay pre-judgment interest at commercial borrowing rate plus 1% from respective dates of payment until date of judgment and thereafter at judgment rate until payment