Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Plea of mistake as to legal effect
  • 22 Oct 2019

    CHINA CINDA (HK) ASSET MANAGEMENT CO., LTD v. LINCA INDUSTRY (HONG KONG) HOLDINGS CO LTD

    Citation
    [2019] HKCFI 2565
    Court
    Court of First Instance
    Case number
    HCA1428/2018

    The court held that the defence of non est factum is confined to narrow limits, will not succeed where the mistake relates to the legal effect of the document or where the signer failed to check documents signed in the course of business, and requires exceptional circumstances supported by very cogent evidence; absent such evidence the plea must be rejected.

    • Non est factum
    • Plea of mistake as to legal effect
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