HEUNG KAM FAI AND OTHERS v. HUGEWIN DEVELOPMENT LTD. AND OTHERS

Parties

Procedural Posture

Civil Action (consolidated Actions) Concerning Property Sale, Fraud, Conspiracy, Rescission and Counterclaims / Final Judgment at Trial (court of First Instance)

Legal Issues

1. 1 Whether English Agreements were procured by fraudulent misrepresentations by Danny Cheung
2. 2 Whether managers could rely on non est factum for execution of English Agreements
3. 3 Whether English Agreements were properly executed and deposits were paid by Comcewood

Ratio Decidendi

The court rejected the principal plaintiff witness evidence as unreliable and not meeting the high standard required to prove fraudulent misrepresentation; the court also found Comcewood failed to establish on the balance of probabilities that the English Agreements were properly executed and that deposits were paid. Accordingly all substantive claims and counterclaims between the parties failed and were dismissed.

Court Disposition

Tso's claim against Comcewood dismissed; 1st–10th Plaintiffs' claims against Comcewood dismissed; Comcewood's counterclaim against Tso and 1st–10th Plaintiffs dismissed; judgment entered for Comcewood on plaintiffs' claims and for Tso and 1st–10th Plaintiffs on the counterclaim.

Orders

• Judgment entered dismissing the Tso's claim against Comcewood
• Judgment entered dismissing the 1st–10th Plaintiffs' claims against Comcewood