26 Feb 2013
HUNG CHEN, RICHAEL v. TOECA NATIONAL RESOURCES B V AND OTHERS
- Citation
- HUNG CHEN, RICHAEL v. TOECA NATIONAL RESOURCES B V AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA1683/2009
Contemporaneous documentary evidence and credible oral testimony established that Hung understood and signed the Disputed Documents; his non est factum and misrepresentation defences failed. The HK$20m and HK$33m payments were part payments of the agreed fee to Wan/Baron. No enforceable oral sale of 100m shares to Wan at HK$0.99 was proved. Toeca served notice "as soon as practicable" in the factual matrix, triggering Baron Capital and Wan's liabilities under the Placing Agreement. Therefore Hung's claims were dismissed and Toeca's contractual claims were allowed, with monetary awards and cos…