28 Apr 2010
GOEI TSUSHO CO LTD v. LEADER ENGINEERING & CONSTRUCTION LTD AND ANOTHER
- Citation
- GOEI TSUSHO CO LTD v. LEADER ENGINEERING & CONSTRUCTION LTD AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV22/2010
On the facts the second defendant had ostensible authority to bind the first defendant because the first defendant by conduct and representations (letters, shared office and fax details, common staff and business cards) induced the plaintiff to treat the second defendant as acting for it; the parties were jointly liable; and section 5 of the Civil Liability Ordinance applies so that the default judgment against the second defendant did not bar recovery against the first defendant. The appeal was dismissed and the judgment below was affirmed.