YANG YANI v. FANG MINGYUN AND ANOTHER

YANG YANI v. FANG MINGYUN AND ANOTHER

Defendants assumed responsibility and acted as plaintiff's agents; defendants (and director/shareholder) made false representations about refundability but plaintiff's reliance on those representations was unreasonable in respect of the HK$300,000; however the cheque for HK$3,950,600 was issued without plaintiff's authorization and caused recoverable loss; accordingly judgment for plaintiff in part for HK$3,950,600 against both defendants with interest; claim for HK$300,000 dismissed for lack of causation.

Citation
[2024] HKCFI 2223
Parties
Plaintiff: Yang Yani; 1st Defendant: Fang Mingyun; 2nd Defendant: Ever Rich Development Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 August 2024
Case Number
HCA1439/2019
Procedural Posture
Civil (tort and Property) / Judgment (trial at Court of First Instance)
Outcome
Judgment for plaintiff in part; defendants liable to plaintiff for HKD 3,950,600; plaintiff's claim for HKD 300,000 dismissed.
Legal Topics
Assumption of Responsibility, Misrepresentation, Breach of Duty of Care, Unauthorised Payment/cheque, Damages Assessment
Source Language
EN
Tort Agency Property Contract Professional Negligence Assumption of Responsibility Misrepresentation Breach of Duty of Care +2 more

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Parties

Yang Yani

Plaintiff

Fang Mingyun

1st Defendant

Ever Rich Development Limited

2nd Defendant

Procedural Posture

Civil (tort and Property) / Judgment (trial at Court of First Instance)

Legal Issues

  1. 1 Whether defendants assumed responsibility/acted as plaintiff's agents
  2. 2 Whether defendants breached duties by making representations
  3. 3 Whether plaintiff reasonably relied on representations

Ratio Decidendi

Defendants assumed responsibility and acted as plaintiff's agents; defendants (and director/shareholder) made false representations about refundability but plaintiff's reliance on those representations was unreasonable in respect of the HK$300,000; however the cheque for HK$3,950,600 was issued without plaintiff's authorization and caused recoverable loss; accordingly judgment for plaintiff in part for HK$3,950,600 against both defendants with interest; claim for HK$300,000 dismissed for lack of causation.

Court Disposition

Judgment for plaintiff in part; defendants liable to plaintiff for HKD 3,950,600; plaintiff's claim for HKD 300,000 dismissed.

Orders

  • Defendants to pay plaintiff HK$3,950,600
  • Interest at P+1% per annum on the judgment sum from 8 August 2019 to date of judgment and thereafter at judgment rate until full payment