CHIA MENG CO LTD AND ANOTHER v. TANA TANGWONGCHAI AND OTHERS

CHIA MENG CO LTD AND ANOTHER v. TANA TANGWONGCHAI AND OTHERS

The court found that binding sales contracts existed between the plaintiffs and the named buyers (HK Chiva, Joy Rich, STCM) and that deliveries were made; the plaintiffs were not induced into the contracts by the Shenzhen Cereals documents (those documents in most instances arrived after the contracts) and the plaintiffs failed to prove on balance that the Shenzhen Cereals contracts were forged or that Mr Tana caused or procured any false representations. Accordingly plaintiffs recover outstanding contract sums from HK Chiva, Joy Rich and STCM but the claims in deceit/misrepresentation against Mr Tana and Jessy James HK are dismissed.

Citation
CHIA MENG CO LTD AND ANOTHER v. TANA TANGWONGCHAI AND OTHERS
Parties
1st Plaintiff: CHIA MENG CO LTD; 2nd Plaintiff: BANGSUE CHIA MENG RICE MILL CO LTD; 1st Defendant: TANA TANGWONGCHAI; 2nd Defendant: HONG KONG CHIVA LIMITED; 3rd Defendant: JESSY JAMES CORPORATION LIMITED; 4th Defendant: JOY RICH TRADING LIMITED; 5th Defendant: THAI CHAI MENG (SHENZHEN) TRADING COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 November 2012
Case Number
HCA861/2009
Procedural Posture
Sale of Goods; Contract and Tort (alleged Deceit/misrepresentation) / Judgment (court of First Instance)
Outcome
Judgment in part for plaintiffs against HK Chiva, Joy Rich and STCM for outstanding contract sums; claims against 1st defendant Tana Tangwongchai and 3rd defendant Jessy James Corporation Limited dismissed; costs and interest awarded as set out below.
Legal Topics
Misrepresentation, Deceit, Rescission, Damages, Agent and Principal, Authority of Company Officers, Evidence and Credibility
Source Language
EN
Contract Sale of Goods Tort Fraud / Deceit Company Law Civil Procedure Misrepresentation Deceit +5 more

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Parties

CHIA MENG CO LTD

1st Plaintiff

BANGSUE CHIA MENG RICE MILL CO LTD

2nd Plaintiff

TANA TANGWONGCHAI

1st Defendant

HONG KONG CHIVA LIMITED

2nd Defendant

JESSY JAMES CORPORATION LIMITED

3rd Defendant

JOY RICH TRADING LIMITED

4th Defendant

THAI CHAI MENG (SHENZHEN) TRADING COMPANY LIMITED

5th Defendant

Procedural Posture

Sale of Goods; Contract and Tort (alleged Deceit/misrepresentation) / Judgment (court of First Instance)

Legal Issues

  1. 1 Who were the contractual buyers liable to pay?
  2. 2 Whether plaintiffs were induced by alleged Shenzhen Cereals contracts to deliver rice
  3. 3 Whether the Shenzhen Cereals contracts were forged or false

Ratio Decidendi

The court found that binding sales contracts existed between the plaintiffs and the named buyers (HK Chiva, Joy Rich, STCM) and that deliveries were made; the plaintiffs were not induced into the contracts by the Shenzhen Cereals documents (those documents in most instances arrived after the contracts) and the plaintiffs failed to prove on balance that the Shenzhen Cereals contracts were forged or that Mr Tana caused or procured any false representations. Accordingly plaintiffs recover outstanding contract sums from HK Chiva, Joy Rich and STCM but the claims in deceit/misrepresentation against Mr Tana and Jessy James HK are dismissed.

Court Disposition

Judgment in part for plaintiffs against HK Chiva, Joy Rich and STCM for outstanding contract sums; claims against 1st defendant Tana Tangwongchai and 3rd defendant Jessy James Corporation Limited dismissed; costs and interest awarded as set out below.

Orders

  • Judgment for 1st Plaintiff against 5th Defendant STCM in US$2,353,788
  • Judgment for 1st Plaintiff against 4th Defendant Joy Rich Trading Limited in US$3,231,480