10 Aug 2010
SZETO MING AND ANOTHER v. LI MAN KEE GAILEY
- Citation
- SZETO MING AND ANOTHER v. LI MAN KEE GAILEY
- Court
- District Court
- Case number
- DCCJ1991/2008
The cheque for HK$206,000 handed to plaintiffs on 6 October 2002 and deposited on 11 October 2002 was validly appropriated by the debtor to the HK$200,000 cash loan as designated at the time; any later alleged instruction to apply that sum to repurchase shares was ineffective. The cash loan was therefore settled; only 20,000 shares were repurchased in July 2003 with subsequent partial payments and bonus issues accounted for, leaving 35,090 shares and HK$19,792 outstanding. Specific performance was refused as impractical and damages in lieu were awarded at mean share price HK$17.20 per share,…