26 Feb 2013
TOECA NATIONAL RESOURCES B V v. BARON CAPITAL LTD AND ANOTHER
- Citation
- TOECA NATIONAL RESOURCES B V v. BARON CAPITAL LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA1913/2009
Contemporaneous documentary evidence and credible witness testimony (execution acknowledgements, emails, solicitors' attendance notes) established that Hung knowingly executed the disputed agreements and was not entitled to rescind for non est factum or misrepresentation; HK$53m were payments of fees, the Settlement Agreement resolved parties' claims between Hung and Wan, Toeca served notice "as soon as practicable" and is entitled to judgment for the put/placing obligations with Baron Capital and Wan liable under the Placing Agreement.