30 Dec 2020
WONG KA LEE v. EL FIGHT SPORTS (HK) LTD t/a EVERLAST FIGHT & FITNESS
- Citation
- [2020] HKDC 1227
- Court
- District Court
- Case number
- DCCJ1317/2017
Evidence established that the defendant's agent repeatedly misrepresented the plaintiff's remaining PT sessions and exploited the plaintiff's known psychiatric vulnerability; those misrepresentations and the taking advantage of the plaintiff's state of mind vitiated the 3rd, 4th and 5th agreements and rendered the exclusion/non-refundable clause ineffective under s4 of the Misrepresentation Ordinance read with Cap 71; the 2nd agreement was partly performed and damages for the unused portion were awarded rather than full rescission.