Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Misrepresentation/deceit

Legal area

Court

10 Dec 2019

CHAN FUN CHU v. AEVITAS SECURITIES LTD formerly known as LAERTES SECURITIES CO LTD

Citation

[2019] HKCFI 2995
Court

Court of First Instance
Case number

HCA9/2018

The impugned portion of paragraph 10 (excluding the first sentence) is irrelevant to the pleaded issues, constitutes scandalous wide-ranging allegations lacking particulars, and would prejudice, embarrass or delay the fair trial; it must be struck out. The Plaintiffs' Respondents' Notice to cross-appeal was dismissed because there was no appealable order and the appeal is by way of rehearing.
13 Jul 2005

SHENZHEN ENVIROTEC ELECTRONICS CO LTD v. CELLPLUS (H K) LTD

Citation

SHENZHEN ENVIROTEC ELECTRONICS CO LTD v. CELLPLUS (H K) LTD
Court

Court of First Instance
Case number

HCA786/2004

The court found Team Products' misrepresentation defence unsustainable on the evidence because the November 2001 fax did not represent that CellPlus itself became a manufacturer or that factory prices would be charged; Team Products failed to particularize any course of dealing that could ground misrepresentation or equitable set-off; there was insufficient evidence of shipment for the April consignments (no bills of lading) so FOB delivery not proven; the measure of loss on cancelled orders cannot be summarily fixed as total contract price absent proof of costs or continued readiness to perf…