8 Feb 2022
BEST STAR HOLDINGS LTD v. LAM CHUN HING AND OTHERS
- Citation
- [2022] HKCFI 410
- Court
- Court of First Instance
- Case number
- HCA558/2012
On the balance of probabilities the parties conducted the joint venture in the form of a partnership rather than Hung being a mere agent; Hung had usual authority to sell many developed units (notably Lots 154A-D and units on Lot 2442) so those sales bind the partnership; however the alleged oral Lot 154 Agreement and Lot 2441 Agreement were not proved with necessary certainty and were not enforceable; assignments to Lawin relating to Lots 154A-E are set aside insofar as they conflict with valid prior sales; certain development expenses paid by Hung and Li Fu Wing are held to be proper partne…
- Formation of partnership
- Authority of partner/agent
- Sale of land and statute of frauds
- Part performance and proprietary estoppel
- Accounting between partners
- Set off and mesne profits