Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Misrepresentation ordinance cap.284

Legal area

Court

24 Aug 2005

IP HOO NING v. BRIGHT LAMP INDUSTRIES LTD

Citation

IP HOO NING v. BRIGHT LAMP INDUSTRIES LTD
Court

District Court
Case number

DCCJ521/2003

The court found the pamphlet, tender documents and oral statements were promotional, material and conveyed that part of the Estate was public rental housing and that occupancy rates were high; those representations were untrue and were made recklessly or without reasonable grounds (fraudulent or at least negligent); plaintiffs relied on and were induced by them to enter licences; rescission was available and equitable; deposits were to be returned less licence fees and outgoings for the short periods before surrender; defendant's counterclaims dismissed.
24 Aug 2005

LAM SIN MING v. BRIGHT LAMP INDUSTRIES LTD

Citation

LAM SIN MING v. BRIGHT LAMP INDUSTRIES LTD
Court

District Court
Case number

DCCJ747/2003

The court found the pamphlet, tender document and oral statements were material representations that were false and made without reasonable grounds (reckless or negligent). Plaintiffs relied on them to enter licences. Plaintiffs promptly rescinded after discovery; rescission is available and appropriate. Restitution primarily required return of licence deposits; full damages for business losses not awarded because plaintiffs failed to prove net loss (no income evidence). Defendant's counterclaims dismissed.