Hong Kong Case Law: Decisions & Judgments

ANGEL AND JAMES CO LTD v. TASTE FRESH CO. LTD AND ANOTHER

Citation

[2018] HKDC 836

Court

District Court

Case number

DCCJ4878/2016

The court held that s.3(1) of the Misrepresentation Ordinance attracts the tortious measure of deceit (per Doyle v Olby) and that the plaintiff is entitled to recover all actual losses directly flowing from the misrepresentation; applying that test the specified heads were recoverable and judgment was entered for the plaintiff in the sum of $798,405.36 with interest and costs.

12 Jun 1998

AKTIESELSKABET DANSK SKIBSFINANSIERING v. WHEELOCK MARDEN & CO. LTD. and Others

Citation: AKTIESELSKABET DANSK SKIBSFINANSIERING v. WHEELOCK MARDEN & CO. LTD. and Others
Court: Court of Appeal
Case number: CACV109/1997

On the misrepresentation appeals the Court allowed WM and Brothers' appeals: the trial judge's finding of deliberate suppression was not shown to be unsupportable and, in any event, representations alleged were properly characterised as representations as to the company's credit and hence within s.13 LARCO requiring written signed representations; additionally, agent liability under the Misrepresentation Ordinance did not extend to impose personal liability where principal's liability was the proper avenue. On the fraudulent trading appeal the majority dismissed ADS's appeal: the Court would…