4 Mar 2024
RICH PLACE INVESTMENT LTD AND ANOTHER v. ORIENTAL PATRON SECURITIES LTD AND OTHERS
- Citation
- [2024] HKCFI 576
- Court
- Court of First Instance
- Case number
- HCA537/2014
Court held plaintiffs failed on all causes: the three alleged implied terms were not to be implied into the Placing Agreement (not necessary, not obvious, would impose unpaid, ongoing duties inconsistent with the express bargain); no fiduciary duties arose beyond the agent's procurement role; the alleged collateral oral agreement was not proved on balance (late-born allegation, absence of contemporaneous evidence, adverse inference for non-production of co-attendee); the defendant did not procure/induce breach by D2 and D7 (placees had decided to sell prior to defendant's acts, lack of causat…