Hong Kong Case Law: Decisions & Judgments

Topic

Misrepresentation and agency

Legal area

Court

22 Apr 2010

PEARLDELTA GROUP LTD v. HUGE WINNERS INTERNATIONAL LTD AND OTHERS

Citation

PEARLDELTA GROUP LTD v. HUGE WINNERS INTERNATIONAL LTD AND OTHERS
Court

Court of First Instance
Case number

HCA595/2008

The court held Pearldelta was entitled to redeem under the SIA because Huge Winners breached the SIA (failure to deliver required accounts and to fund the sinking fund and multiple other covenant breaches); the Principals' personal guarantees are enforceable; the defences (misrepresentation, non est factum, undue influence, unilateral mistake, MLO usury) fail as a matter of law and fact; the conversion-price adjustment clause properly yields a minimum conversion price of HK$0.01 where formula produces a lower/negative result; the net-asset redemption sum of HK$86,321,292.66 is recoverable and…
3 Dec 1999

ING BANK N.V. v. TSUI TSIN TONG

Citation

ING BANK N.V. v. TSUI TSIN TONG
Court

Court of First Instance
Case number

HCCL305/1998

The Court held that the Defendant failed to establish any real triable issue. The Debt Rescheduling Deed contains an express waiver of defences which prevents the Defendant relying on asserted illegality or unenforceability of antecedent transactions; the statutory and gambling arguments were unsustainable on the facts; the remaining defences (uncertainty, duress, failure to mitigate, misrepresentation) were unprovable or late and did not amount to bona fide triable issues. Summary judgment was therefore entered for the Plaintiff for the sum claimed with interest and costs.

Hong Kong Case Law

PEARLDELTA GROUP LTD v. HUGE WINNERS INTERNATIONAL LTD AND OTHERS

ING BANK N.V. v. TSUI TSIN TONG