26 Jul 2022
張侃 v. 尚品滙(香港)國際貿易有限公司
- Citation
- [2022] HKDC 731
- Court
- District Court
- Case number
- DCCJ4405/2019
Chen had no actual or apparent authority to bind the company to the loan; the use of company chops did not constitute a representation sufficient for apparent authority in the circumstances; section 117 does not apply to a single director acting alone; the defendant was only a ministerial recipient and thus not unjustly enriched and had no bona fide change of position; plaintiff's claim is dismissed and the defendant's counterclaim for US$200,000 succeeds; third party claim against Chen survives as a cause but no substantive relief ordered except costs.