WONG SEE LUNG v. HUANG HUA JIANG AND OTHERS

WONG SEE LUNG v. HUANG HUA JIANG AND OTHERS

The court preferred the plaintiff's evidence and contemporaneous TNTH conveyancing documents over defendants' accounts, finding that the 3rd and 4th defendants made false and misleading representations which induced the plaintiff to sign; accordingly the 3rd and 4th defendants are liable for damages for misrepresentation (measure under Cap 284 s3(1)); the 2nd defendant holds the beneficial interest on resulting trust for the plaintiff; the July Second Mortgage is null and void as against the plaintiff; plaintiff is entitled to the funds lodged in court (HCMP2429/2013) and damages are to be assessed as HK$22,000,000 minus amounts already paid to the plaintiff from the sale proceeds.

Citation
WONG SEE LUNG v. HUANG HUA JIANG AND OTHERS
Parties
Plaintiff: WONG SEE LUNG; 1st Defendant: HUANG HUA JIANG; 2nd Defendant: CHINA MINERALS AND NATURAL RESOURCES HOLDINGS LIMITED; 3rd Defendant: PANG KWONG TING; 4th Defendant: BECTIC FINANCE COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 September 2014
Case Number
HCA2067/2009
Procedural Posture
Civil Action Concerning Misrepresentation, Fraud, Property and Equitable Remedies / Judgment at First Instance (court of First Instance)
Outcome
Judgment for plaintiff against 3rd and 4th defendants for misrepresentation; declarations in favour of plaintiff that July Second Mortgage is null and void as against him and that he is entitled to funds lodged in HCMP2429/2013; 2nd defendant held to hold beneficial interest on resulting trust for plaintiff; costs...
Legal Topics
Misrepresentation, Fraud, Damages, Resulting Trust, Mortgage Law, Witness Credibility, Costs, Subpoena/production of Documents
Source Language
EN
Contract Tort Equity Property Company Conveyancing Misrepresentation Fraud +6 more

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Parties

WONG SEE LUNG

Plaintiff

HUANG HUA JIANG

1st Defendant

CHINA MINERALS AND NATURAL RESOURCES HOLDINGS LIMITED

2nd Defendant

PANG KWONG TING

3rd Defendant

BECTIC FINANCE COMPANY LIMITED

4th Defendant

Procedural Posture

Civil Action Concerning Misrepresentation, Fraud, Property and Equitable Remedies / Judgment at First Instance (court of First Instance)

Legal Issues

  1. 1 Whether the plaintiff was induced by misrepresentations to sign documents he did not understand
  2. 2 Whether the 3rd and 4th defendants made false or misleading representations and are liable under the Misrepresentation Ordinance
  3. 3 Whether the 2nd defendant holds the beneficial interest on resulting trust for the plaintiff

Ratio Decidendi

The court preferred the plaintiff's evidence and contemporaneous TNTH conveyancing documents over defendants' accounts, finding that the 3rd and 4th defendants made false and misleading representations which induced the plaintiff to sign; accordingly the 3rd and 4th defendants are liable for damages for misrepresentation (measure under Cap 284 s3(1)); the 2nd defendant holds the beneficial interest on resulting trust for the plaintiff; the July Second Mortgage is null and void as against the plaintiff; plaintiff is entitled to the funds lodged in court (HCMP2429/2013) and damages are to be assessed as HK$22,000,000 minus amounts already paid to the plaintiff from the sale proceeds.

Court Disposition

Judgment for plaintiff against 3rd and 4th defendants for misrepresentation; declarations in favour of plaintiff that July Second Mortgage is null and void as against him and that he is entitled to funds lodged in HCMP2429/2013; 2nd defendant held to hold beneficial interest on resulting trust for plaintiff; costs...

Orders

  • Declaration that the plaintiff is entitled to the funds lodged in HCMP2429/2013 together with accrued interest (if any)
  • Declaration that the July Second Mortgage is null and void as against the plaintiff