8 Feb 2022
LAWIN (H.K.) LTD v. OCCUPIERS OF SECTION B OF LOT NO. 154 IN DEMARCATION DISTRICT NO. 19, TAI PO, NEW TERRITORIES, HONG KONG AND ANOTHER
- Citation
- [2022] HKCFI 410
- Court
- Court of First Instance
- Case number
- HCA209/2011
On the evidence the joint venture was carried on in the manner of a partnership; therefore acts done by Hung in the usual course (including sales of Lots 154A‑D and certain Lot 2442 units) bound the partnership. The court rejected the existence of the alleged oral Lot 154 Agreement (and the Lot 2441 Agreement) for lack of certainty and inconsistent testimony and documentary gaps. Lawin's assignments that attempted to override prior sales by Hung to purchasers should be set aside; partnership accounts require detailed follow‑up accounting: certain expenses paid and documented by Hung are allow…