4 Jun 2021
LI CHI NGAI ANTHONY AND ANOTHER v. SIU TAK WA
- Citation
- [2021] HKCFI 1616
- Court
- Court of First Instance
- Case number
- HCA887/2020
The plaintiffs established a prima facie case for specific performance and the defendant failed to demonstrate a believable or arguable defence of fraudulent misrepresentation because the Relevant Financial Statements were circulated by the CFO in the ordinary course prior to the defendant's decision to buy and cannot arguably be treated as representations by the plaintiffs, the alleged omissions were immaterial to the consideration, and contemporaneous documents undermined the defendant's account; accordingly the O 86 application was grantable and the Master's order was set aside.