Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Misrepresentation inducement

Legal area

Court

16 May 2024

YELSEN FINANCE HOLDINGS LTD 對 WONG KIT TAI

Citation

[2024] HKDC 763
Court

District Court
Case number

DCCJ5371/2017

On the balance of probabilities the court found the plaintiff's evidence credible and the defendant's account not credible; the plaintiff complied with documentary procedures, provided copies and the loan was disbursed and partly repaid by the borrower; the misrepresentation and undue influence defences were rejected because the defendant had prior experience and records of arranging substantial loans, so she knew or should have known the nature and consequences of signing; accordingly the guarantee was enforceable and judgment entered for outstanding principal HKD 444,398 plus interest at 36…
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.