11 Nov 2005
LEW KEE JACK v. CHINA RAILWAY INVESTMENT (HK) LTD AND OTHERS
- Citation
- LEW KEE JACK v. CHINA RAILWAY INVESTMENT (HK) LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA2845/2003
The court found on the balance of probabilities that Hao, representing the China Railway group, made fraudulent oral representations that induced the plaintiff to enter the agreements (including a money‑back promise if conversion did not occur within two years); the written agreements were procured by the same fraudulent misrepresentations and therefore rescindable; no trust was found over the purchase monies; accordingly the 1st and 2nd defendants were ordered to refund the purchase monies and the 3rd defendant was ordered to pay damages and the commission amount, with interest reserved and…