15 Jul 2009
LEUNG YUK LIN t/a KING\'S GLORY EDUCATIONAL CENTRE AND OTHERS v. KARSON OTEN FAN, KARNO
- Citation
- LEUNG YUK LIN t/a KING\'S GLORY EDUCATIONAL CENTRE AND OTHERS v. KARSON OTEN FAN, KARNO
- Court
- Court of First Instance
- Case number
- HCA900/2006
Court accepted plaintiffs' handwriting expert and contemporaneous business evidence; found the 2003 Agreement authentic; held the exclusivity undertaking and prohibition on soliciting students' personal data were conditions of the contract; defendant breached those conditions (unauthorised online teaching and collecting students' personal data) and, viewed against a history of wilful breaches despite warnings, evinced an intention not to be bound; plaintiffs entitled to accept repudiation and recover damages; defendant's forgery allegation and most counterclaims rejected.