5 May 2016
KWAI TAK MING v. K.S. CAPITAL ONE LTD AND OTHERS
- Citation
- KWAI TAK MING v. K.S. CAPITAL ONE LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA679/2012
The court preferred the plaintiff's account as credible on assessment of plausibility and contemporaneous documents (including unusual "rental collection" and "debts repayment" notes) and found the written agreements did not reflect a genuine outright sale but were procured by misrepresentation (a buy-back/bridging loan in substance). Consequently the provisional S&P and S&P were set aside, the defendants' counterclaim for specific performance was dismissed, and costs were awarded to the plaintiff.