22 Apr 2022
DS CHEUNG & CO (A FIRM) v. FONG LEUNG KAI
- Citation
- [2022] HKCFI 1048
- Court
- Court of First Instance
- Case number
- HCA2988/2016
On the balance of probabilities the alleged 2005 agreement did not exist; DS remained sole proprietor in form and substance; David abused his role as finance partner by procuring unauthorised bonus allocations (70%) and is not entitled to those sums; David breached fiduciary duties by undertaking preparatory acts during office hours and nominal damages are appropriate; proprietary and proprietary‑estoppel claims based on the alleged agreement fail.