15 Jun 2017
EAA SECURITIES LTD v. FATTYDAD ALICE PUI YAN, the Administratrix of the Estate of Fattydad Henry, Deceased
- Citation
- EAA SECURITIES LTD v. FATTYDAD ALICE PUI YAN, the Administratrix of the Estate of Fattydad Henry, Deceased
- Court
- Court of First Instance
- Case number
- HCA2507/2003
On the balance of probabilities the Court found most trading on Henry's account was unauthorized and concealed by Anita; Henry did not have requisite knowledge of the cheque deposits and intercepted statements so EAA could not rely on contractual deeming provisions or deemed receipt when its employee knew instructions were unauthorized; EAA had been negligent in supervision and cannot recover the claimed debit or the cheque proceeds from Anita or Henry; Henry's counterclaim for conversion/loss of portfolio succeeds and damages are assessed at $3,286,511 with pre-judgment interest awarded; thi…