6 May 2003
CHU WAI HA v. TSE KI PO AND OTHERS
- Citation
- CHU WAI HA v. TSE KI PO AND OTHERS
- Court
- District Court
- Case number
- DCCJ11039/2001
On the balance of probabilities the court found the plaintiff knowingly consented to substitution of purchaser; the conveyancing clerk (D3) credibly explained the FASP including purchaser identity and was not negligent; the plaintiff repudiated completion and thus D2 was entitled to relief on counterclaim; plaintiff's principal claims for deceit, misrepresentation and negligence against D1, D3 and D4 failed for lack of proof and credibility; D2 liable only for trespass mesne profits from unlawful occupation and entitled to repayment of deposit and decoration costs as awarded.