Hong Kong Case Law: Decisions & Judgments

Topic

Measure of damages for misrepresentation

Legal area

Court

4 Aug 2017

HOLLY KEY INVESTMENT LTD v. JIN & CHUN CORPORATION LTD

Citation

HOLLY KEY INVESTMENT LTD v. JIN & CHUN CORPORATION LTD
Court

District Court
Case number

DCDT1303/2017

Application dismissed because the Tenancy Agreement expressly excluded deduction or set-off, the alleged representations were contradicted by the contract and lacked particulars and causation for claimed losses, and the ex parte application complied with statutory requirements so there was no material non-disclosure; consequently there was no arguable defence to the rent arrears and the distress warrant should not be discharged.
22 Nov 2013

SINGH JUGRAJ v. WAVE STEP LTD

Citation

SINGH JUGRAJ v. WAVE STEP LTD
Court

District Court
Case number

DCCJ2637/2010

Judge found on credibility and contemporaneous documentation that the alleged oral representations were not established; even if made, plaintiff did not reasonably rely on them; ostensible authority of agent existed only in potential but was immaterial; no duty to disclose alleged illegal cockloft where premises let 'as is'; plaintiff’s claim dismissed; defendant’s counterclaim for unpaid rent, repair and loss of rental income succeeds and after set-off judgment entered for defendant in sum HK$112,000 plus interest and costs.
27 Nov 1986

ROBERT MCCLELLAN STEWART, JR. AND OTHERS v. THE HONG KONG PHILHARMONIC SOCIETY LIMITED

Citation

ROBERT MCCLELLAN STEWART, JR. AND OTHERS v. THE HONG KONG PHILHARMONIC SOCIETY LIMITED
Court

Court of Appeal
Case number

CACV103/1986

The appeal was dismissed because, although the trial judge found representations were made, the plaintiffs failed to prove actual loss causally attributable to those representations (except the 2nd plaintiff's proved loss), and the evidence was insufficient to quantify any speculative lost opportunity; therefore no damages could be awarded beyond the particular proven amount.

Hong Kong Case Law

HOLLY KEY INVESTMENT LTD v. JIN & CHUN CORPORATION LTD

SINGH JUGRAJ v. WAVE STEP LTD

ROBERT MCCLELLAN STEWART, JR. AND OTHERS v. THE HONG KONG PHILHARMONIC SOCIETY LIMITED