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Kang v Eau

[2010] EWHC 1837 (QB) 2010-09-15

Claim for the balance of money due under a share purchase agreement and a further sum due in respect of the Vat element of invoices. Counterclaim for rescission and damages for misrepresentation, breach of collateral warranty and an issue of illegality per section 830 of the Companies Act 2006. Judge found that there had been no misrepresentations. In any event the defendant was not entitled to rescission. The recovery of the Vat element did not breach section 830 as it did not amount to a distribution under section 829. Judgment for claimant and counterclaim dismissed. (Karen Shuman acted for the Claimant)