8 Feb 2022
LAWIN (H.K.) LTD v. OCCUPIERS OF SECTION B OF LOT NO. 154 IN DEMARCATION DISTRICT NO. 19, TAI PO, NEW TERRITORIES, HONG KONG AND OTHERS
- Citation
- [2022] HKCFI 410
- Court
- Court of First Instance
- Case number
- HCA210/2011
On the evidence the parties operated the joint venture in the form of a partnership rather than as principal and agent; Hung had authority to sell developed units in the ordinary course of that business and certain sales (notably sales of units in Lots 154A-D and the Subscription Agreement for units on Lot 2442) bind the partnership; the alleged Lot 154 Agreement and Lot 2441 Agreement were not proved with requisite certainty; assignments to Lawin are to be set aside as not bona fide and many account and reimbursement issues require an ordered accounting and consequential relief reserved.