6 Mar 2012
WILLIAM ALLAN v. MESSRS NG & CO. (a firm) AND ANOTHER
- Citation
- WILLIAM ALLAN v. MESSRS NG & CO. (a firm) AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV13/2011
The Court of Appeal held the firm was vicariously liable under s12 of the Partnership Ordinance for the partner's breach of confidence; exemplary damages are available for breach of confidence and may be awarded against a firm under statutory vicarious liability; the trial judge erred by converting unproven compensatory or restitutionary elements into exemplary damages and by awarding pre-judgment interest on punitive damages; accordingly the court set aside the $2.14M award and substituted nominal compensatory damages of $100 and exemplary damages of $400,000, with no pre-judgment interest a…