16 Mar 2016
YINGGAO RESOURCES LTD v. ECO METAL (HONG KONG) LTD AND ANOTHER
- Citation
- YINGGAO RESOURCES LTD v. ECO METAL (HONG KONG) LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA964/2012
On the pleaded facts (assumed true for amendment purposes) the negligent misrepresentation and negligence claims against the bank were at least arguable because the pleaded communications and knowledge could give rise to a Hedley Byrne type relationship and proximity; however the fraud claim was disallowed because the particulars failed to plead actual knowledge with necessary particularity and amounted at best to negligence, and section 3 of the Misrepresentation Ordinance did not apply as the bank was not party to any contract or agent of a contracting party.