14 Dec 2023
TANG GANG AND OTHERS v. WONG SAI CHUNG
- Citation
- [2023] HKCA 1338
- Court
- Court of Appeal
- Case number
- CACV431/2022
The Court of Appeal held the judge below erred in treating the retrial of alleged fraud as discretionary and in misapplying WFM Motors; under Jet Holdings the allegation of fraud must be re-examined and the Defendant had adduced sufficient, believable particulars (inconsistencies in plaintiff evidence and forensic finding of a forged signature on the Power of Attorney) to establish a triable issue of fraud; accordingly summary judgment was inappropriate, the judgment below and costs order were set aside, and the summary judgment application was dismissed with costs ordered at 50% to the Defen…