Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Estoppel by negligence

Legal area

Court

4 May 1994

FANLIN INVESTMENTS LTD. v. HANG SENG FINANCE LTD. AND ANOTHER and SUN LING MOTORS CO. LTD. (Third Party) and Another

Citation

FANLIN INVESTMENTS LTD. v. HANG SENG FINANCE LTD. AND ANOTHER and SUN LING MOTORS CO. LTD. (Third Party) and Another
Court

Court of First Instance
Case number

HCA1372/1991

VRD is not a document of title; Poon fraudulently forged signatures and acted without plaintiff's authority; plaintiff did not owe a duty of care to innocent purchasers in the circumstances and plaintiff's carelessness was not the proximate cause of defendants' loss; accordingly s.23 and estoppel by negligence defences fail and judgment for plaintiff for sums paid to recover the car, with indemnity order by 1st defendant against 2nd defendant in third party proceedings.
20 Sept 1968

CHAN WAI TSUN v. SHUM TAK SHING

Citation

CHAN WAI TSUN v. SHUM TAK SHING
Court

Court of Appeal
Case number

CACV23/1968

The court found no estoppel: the signed blank transfer related to a different vehicle and the proximate cause of the plaintiff's loss was Chan's fraud rather than defendant's negligence; there was no completed document or conduct that clothed Chan with apparent authority to transfer AH1162, therefore defendant could deny the transfer and the appeal was dismissed.