Cosmos Mutual Ltd v. Tong Bing Lun

HCA 2419 / 2005

 IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 2419 OF 2005

BETWEEN

Coram:  Before Deputy High Court Judge Au in Court

Dates of Trial: 25,26,27,28 & 29 August 2008 1,2,3 & 5 September 2008

Date of Handing Down Judgment: 3 November 2008

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CORRIGENDUM

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1. Paragraph 51 of the Judgment should be read as follows:

“51.   Before Ms Fong emigrated to Canada, they agreed that they would first respectively divorce their spouse and got get married after Ms Fong had obtained the Canadian citizenship”

2. Paragraph 68(7)(a) of the Judgment should be read as follows:

“68.   …

(7)              For the above reasons:

(a)     the fact that Mr Tong has never mentioned about the oral life licence agreement in (a) his many and various letters or notes written to Ms Fong concerning his intention to move out of Apartment A at her request, and (b) his various written proposals to seek a beneficial interest in Apartment A clearly supports, in my view, that there was never the oral life licence agreement; and

…”

3. Paragraph 69 of the Judgment should be read as follows:

“69.   Further, I also find do not find Mr Tong a credible and reliable witness.”