Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Brokerage duties
  • 22 Mar 2011

    WU SHENG LONG v. C-CORP PRECIOUS METALS LTD

    Citation
    WU SHENG LONG v. C-CORP PRECIOUS METALS LTD
    Court
    Court of First Instance
    Case number
    HCA1912/2008

    Defendant sold plaintiff's silver without lawful right and is liable for conversion; no implied contractual or common law duties required defendant to monitor market or close positions; parties dealt as principals for London gold so no agent lien arose; equitable set-off unavailable because defendant wrongfully converted plaintiff's property; plaintiff entitled to market-value damages as of sale date (16 Oct 2008); defendant entitled to judgment on full deficit from liquidation but execution stayed for set-off pending assessment.