Hong Kong Case Law: Decisions & Judgments

Topic

Misrepresentation and mistake

Legal area

Court

5 Oct 2022

ALEPH FABRIZIO KRAUS, a minor by ERIC GEORGE KRAUS, his next friend and father v. ALL ASSET MANAGEMENT (ASIA) LTD AND ANOTHER

Citation

[2022] HKCFI 2992
Court

Court of First Instance
Case number

HCA86/2021

Jurisdiction summons dismissed because service in Russia to the defendant's registered address complied with Russian procedure and there is a real issue to be tried against the in‑jurisdiction trustee (1st defendant) satisfying gateway (c). Joinder summons granted because Twenty Two East Limited (in Liquidation) demonstrated a prima facie proprietary interest and issues (misrepresentation, mistake, authority) that make joinder necessary and just and the discretionary factors favoured joining to avoid multiplicity of proceedings.
10 Mar 2006

PACIFIC CENTURY INSURANCE CO LTD v. LEUNG MOON SUN

Citation

PACIFIC CENTURY INSURANCE CO LTD v. LEUNG MOON SUN
Court

District Court
Case number

DCCJ3278/2005

The court held that the side agreement and agent's contract, containing entire agreement clauses, superseded prior representations; the defendant, an experienced agent who had opportunity to read the agreements, failed to particularise any misrepresentation or mistake giving an arguable defence. Consequently there was no defence to defeat summary judgment and repayment of the upfront advance was ordered, with costs and interest as specified.
17 Dec 1976

HANNELORE DE LASALA v. ERNEST FERDINAND PEREZ DE LASALA

Citation

HANNELORE DE LASALA v. ERNEST FERDINAND PEREZ DE LASALA
Court

Court of Appeal
Case number

CACV6/1976

Majority held the wife's undertaking in the Deed of Arrangement purporting to bar future financial claims was void to the extent it purported to restrict the statutory right to apply (Cap.192 s.14(1)(a)); the appellant was entitled to return to the court for further financial relief (including relief of types introduced after the decree) and to seek variation of subsisting maintenance agreements; the consent order could be attacked on grounds of mistake or misrepresentation in respect of the child's provision; accordingly appeal allowed and amended summons remitted to hearing on the merits bu…

Hong Kong Case Law

ALEPH FABRIZIO KRAUS, a minor by ERIC GEORGE KRAUS, his next friend and father v. ALL ASSET MANAGEMENT (ASIA) LTD AND ANOTHER

PACIFIC CENTURY INSURANCE CO LTD v. LEUNG MOON SUN

HANNELORE DE LASALA v. ERNEST FERDINAND PEREZ DE LASALA