Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Breach of warranties

  • 2 Jun 2015

    FIRST ASIA FINANCE LTD v. TSOI TIN KWAN FANNY

    Citation
    FIRST ASIA FINANCE LTD v. TSOI TIN KWAN FANNY
    Court
    Court of First Instance
    Case number
    HCA1070/2011

    Court found on the balance of probabilities that (a) Mr Kuthoor breached the warranties in the sale agreements and Vagas Lane proved loss totalling HK$940,099.26; (b) the alleged oral agreements (bonus shares and HK$10m payment) did not exist and the witnesses' evidence was disbelieved; (c) FA Finance proved the HK$7,000,000 was a loan advanced on condition of a signed loan agreement and, although no signed agreement existed, restitution on the basis of unjust enrichment (total failure of consideration and mistake) was available so FA Finance was entitled to recover HK$7,000,000 (fraud not es…

  • 2 Jun 2015

    KUTHOOR SHANTY BERNARD AND ANOTHER v. SHUN CHEUK PAK ALAN AND ANOTHER

    Citation
    KUTHOOR SHANTY BERNARD AND ANOTHER v. SHUN CHEUK PAK ALAN AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA1774/2011

    Court found on the balance of probabilities that (a) Kuthoor breached the contractual warranties by failing to disclose liabilities and Vagas Lane proved loss of HK$940,099.26; (b) the alleged oral agreements (bonus shares and HK$10m payment) did not exist because contemporaneous documents and witness evidence did not support them and key witnesses were absent or unreliable; (c) the HK$7m payment to Tsoi was advanced by FA Finance as a loan which was not documented as signed and fraud was not proved, but restitution was available on unjust enrichment grounds because of total failure of the co…