23 May 2016
LEE YUK SHING v. DIANOOR INTERNATIONAL LTD (In Liquidation)
- Citation
- LEE YUK SHING v. DIANOOR INTERNATIONAL LTD (In Liquidation)
- Court
- Court of Appeal
- Case number
- CACV185/2015
The appeal court set aside the trial judge's findings of fraudulent misrepresentation because the primary facts did not compel attribution of actual knowledge or the requisite Derry v Peek recklessness to the defendant and some adverse inferences were unsustainable in light of new evidence (death of manager) and procedural irregularity. The court upheld liability for negligent misrepresentation under the Misrepresentation Ordinance (s3) and for breach of contract for total failure of consideration because the catalogue and auction representations that the lots were 'rough diamond stones' were…