4 Oct 2006
VIGERS HONG KONG LTD v. JUNSA DEVELOPMENT LTD
- Citation
- VIGERS HONG KONG LTD v. JUNSA DEVELOPMENT LTD
- Court
- Court of Appeal
- Case number
- CACV33/2006
The court upheld the trial judge's finding that Mr Lau misrepresented that the formal lease permitted sauna use and that representation induced the plaintiff to sign; the first defendant was liable because its representative's silence amounted to tacit affirmation and imputed knowledge did not defeat the plaintiff's reliance where later conflicting representations were made; no equitable basis existed to refuse rescission under s.3(2) Misrepresentation Ordinance; therefore rescission was ordered and deposit returned.