2 Jul 2015
LEE YUK SHING v. DIANOOR INTERNATIONAL LTD (In Liquidation)
- Citation
- LEE YUK SHING v. DIANOOR INTERNATIONAL LTD (In Liquidation)
- Court
- Court of First Instance
- Case number
- HCMP2483/2011
The court found that the auction listings and catalogue created a contractual term that the lots were "rough diamond stones"; the exclusion clauses relied upon did not meet the statutory/common law reasonableness and notice requirements and therefore did not exclude liability for misdescription as to the nature/genuineness of the stones; the representations made by the auctioneer/agent were imputable to the defendant company; on the evidence the defendant had actual knowledge of falsity (or, alternatively, the liquidators were reckless) and the plaintiff was induced to buy and suffered loss.…