12 Jun 1998
AKTIESELSKABET DANSK SKIBSFINANSIERING v. WHEELOCK MARDEN & CO. LTD. and Others
- Citation
- AKTIESELSKABET DANSK SKIBSFINANSIERING v. WHEELOCK MARDEN & CO. LTD. and Others
- Court
- Court of Appeal
- Case number
- CACV113/1997
The Court of Appeal (majority) held that the trial judge's findings that WM and Brothers were not guilty of fraudulent trading should not be disturbed and that the evidence did not establish the alleged misrepresentations by omission; further, representations concerning credit fell within section 13 LARCO and were not made in writing, and an agent is not personally liable under s.3(1) of the Misrepresentation Ordinance for innocent misrepresentation, accordingly WM and Brothers' appeals were allowed and ADS's appeal on fraudulent trading was dismissed by the majority.