12 Jul 2006
JOY CONCEPT LTD v. DOUBLE STAR LTD
- Citation
- JOY CONCEPT LTD v. DOUBLE STAR LTD
- Court
- Court of First Instance
- Case number
- HCA831/2005
The court found the defendant negligently misrepresented both the scope of the restaurant licence (that it covered shop and open area) and an opinionated turnover projection of HK$400,000 made on the basis of that licensed area; the defendant owed a duty of care in tort and breached it, and an implied contractual term existed that the defendant would procure/maintain the necessary restaurant licence for the whole premises; plaintiff entitled to rescind and recover assessed losses subject to set-offs, resulting in judgment for the plaintiff.