LAU HING WAN AND ANOTHER v. SO WING YEE AND ANOTHER

LAU HING WAN AND ANOTHER v. SO WING YEE AND ANOTHER

Judge found Plaintiffs and their witnesses credible and Defendants and their witnesses not credible; fraudulent misrepresentation was not proved; Defendants unlawfully misappropriated most of the partnership stock and $500 on 8 April 1998, thereby effecting a premature withdrawal and dissolving the partnership on that date; under Clause 6 the Plaintiffs were entitled to the inventory and unpaid capital; damages assessed at HK$194,960.04 plus interest; counterclaim dismissed; orders made for recovery of joint bank funds and costs.

Citation
LAU HING WAN AND ANOTHER v. SO WING YEE AND ANOTHER
Parties
Plaintiff: Lau Hing Wan; Plaintiff: Chiu Lai Ha Yvonne; Defendant: So Wing Yee; Defendant: Au Ka Lung
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 February 2003
Case Number
DCCJ12206/2000
Procedural Posture
Partnership Dispute; Conversion and Breach of Contract / Judgment (trial Concluded)
Outcome
Judgment for Plaintiffs; Counterclaim dismissed; Declaration that the partnership was dissolved on 8 April 1998
Legal Topics
Dissolution of Partnership, Fraudulent Misrepresentation, Conversion/misappropriation, Damages Assessment, Breach of Partnership Agreement, Accounting and Recovery of Bank Funds
Source Language
EN
Partnership Law Contract Law Tort (conversion) Evidence Fraud Dissolution of Partnership Fraudulent Misrepresentation Conversion/misappropriation +3 more

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Parties

Lau Hing Wan

Plaintiff

Chiu Lai Ha Yvonne

Plaintiff

So Wing Yee

Defendant

Au Ka Lung

Defendant

Procedural Posture

Partnership Dispute; Conversion and Breach of Contract / Judgment (trial Concluded)

Legal Issues

  1. 1 Whether the Defendants fraudulently misrepresented the wholesale value of stock at commencement
  2. 2 Whether the Defendants misappropriated/converting partnership property on 8 April 1998
  3. 3 Whether the conduct amounted to premature withdrawal and dissolution of the partnership

Ratio Decidendi

Judge found Plaintiffs and their witnesses credible and Defendants and their witnesses not credible; fraudulent misrepresentation was not proved; Defendants unlawfully misappropriated most of the partnership stock and $500 on 8 April 1998, thereby effecting a premature withdrawal and dissolving the partnership on that date; under Clause 6 the Plaintiffs were entitled to the inventory and unpaid capital; damages assessed at HK$194,960.04 plus interest; counterclaim dismissed; orders made for recovery of joint bank funds and costs.

Court Disposition

Judgment for Plaintiffs; Counterclaim dismissed; Declaration that the partnership was dissolved on 8 April 1998

Orders

  • Judgment for Plaintiffs against Defendants in the sum of HK$194,960.04 with interest from 31 May 2000 to date of judgment and thereafter until payment at judgment rate
  • Counterclaim dismissed