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DCCJ 2840/2023
[2025] HKDC 1241
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CIVIL ACTION NO 2840 OF 2023
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BETWEEN
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LEE KA MAN
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Plaintiff
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and
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NG TSZ MAN（吳子文）
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1st Defendant
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TSOI SUET LEONG（蔡雪亮）
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2nd Defendant
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HONG KONG COMMUNICATION ART LIMITED
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3rd Defendant
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Before:
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Deputy District Judge Ng Man Sang Alan in Court
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Dates of Hearing:
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21 – 24 and 28 January 2025
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Date of Judgment:
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28 July 2025
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JUDGMENT
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A. INTRODUCTION
1.
This is the 5-day trial of the action commenced by the Plaintiff (“
P
”) on 9 March 2016 to recover damages for misrepresentations whereby P was induced, in the main, to invest in New Asia Consulting Group Limited (“
New Asia
”) by paying a total sum of HK$1,466,001.82 for a Linguaphone (靈格風) language education business in Shanghai.
2.
The 1
st
Defendant (“
D1
”) is the husband of the 2
nd
Defendant (“
D2
”). Both D1 and D2 at the material time were the owners and directors of the 3
rd
Defendant (“
D3
”), carrying on the education business of Hong Kong Communication Art Centre (“
the Centre
”). D1 was at the material time the principal of the Centre.
3.
I shall refer to D1, D2 and D3 collectively as “
Ds
” hereinbelow.
4.
On 22 June 2017, D1 and D2 counterclaimed against P for her share of further contribution in the Shanghai education business allegedly based on the investment ratio of 49 (P) to 51 (D1 and D2)
[1]
(“
the Counterclaim
”). On the eve of the 1
st
day of the trial, solicitors for Ds sent a letter to P’s solicitors indicating that D1 and D2 shall not pursue the Counterclaim at the trial.
5.
The 5-day trial took place on 21-24 and 28 January 2025. P was represented by Mr Lau Ka Kin of Counsel (“
Mr Lau
”) and Ds represented by Mr Desmond Leung of Counsel (“
Mr Leung
”). On the 1
st
day of the trial, D sought to abandon the Counterclaim and by consent, the Counterclaim was dismissed. There was no reason why P should not be awarded costs of the Counterclaim straightaway. However, I indicated at trial that the issue of costs in relation to the Counterclaim would be dealt with
nisi
at the time of the judgment.
6.
P and Ds each has called 1 witness. P has elected to testify and D1 elected to testify for Ds at trial. Both P and D1 have been subject to searching cross examination.
7.
Mr Lau and Mr Leung have helpfully filed their written Closing Submissions. After hearing the parties’ oral closing submissions on 28 January 2025, I reserved my judgment and informed the parties that I would hand down my written judgment on or before 28 July 2025.
8.
This I now do.
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