The lecture will consider rescission on grounds of non-fraudulent misrepresentation. By way of introduction, Elliott KC will explain the origins of this ground for relief and its distinctive features by contrast with other grounds for rescission and other forms of relief. He will then focus on central issues raised in two important current decisions. The first case, ANZ v ERO, which is pending before the Hong Kong Court of Final Appeal, raises the question whether rescission for innocent misrepresentation occurs by the election of the rescinding party or by court order. Elliott KC will explain the nature and significance of this issue and his reasons for considering that rescission occurs by party election. The second case, Kuvera Properties v Far East Opus [2026] 1 SLR 1035 (CA), concerned the application of statutory limitations to claims for damages and for rescission for misrepresentation. Focusing on aspects of the Singapore Court of Appeal’s decision that are potentially applicable in Hong Kong, Elliott KC will explain and evaluate the court’s judgment. This decision also gives insight into the operation of s 3(2) of the Misrepresentation Ordinance, a topic Elliott KC will also address.

About the Speaker:

Steven Elliott KC practices commercial litigation as a member of One Essex Court in London and Singapore. He has acted in or advised on litigation in most English law-based jurisdictions. Elliott KC has extensive trial experience and he has conducted numerous appeals before apex courts in England and elsewhere, most recently appearing as independent counsel in Kuvera Properties v Far East Opus [2026] 1 SLR 1035 (CA). Elliott KC also serves as a professor of law (practice) at the National University of Singapore, where he teaches commercial remedies as well as equity and trusts. He is the general editor of Snell’s Equity as well as an author of The Law of Rescission, amongst other works.  

 *CPD credits are available upon application and subject to accreditation by the Law Society of Hong Kong (currently pending).

Register here on or before 2 September 2026, 12:30 pm (HKT).