15 Jul 2015
YAU SHIK YIN v. MAN SHING ELECTRICAL MANUFACTORY LTD AND OTHERS
- Citation
- YAU SHIK YIN v. MAN SHING ELECTRICAL MANUFACTORY LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCCW420/2012
The Court concluded objectively that the Preliminary Settlement Agreement reached at mediation was binding on the parties despite provision for formalisation by a Tomlin order; clause V.17 did not demonstrate an intention that the agreement be non-binding pending formal documents; parties' subsequent conduct supported binding effect; the absence of an express completion date for the mother's transfer did not render the agreement unenforceable and a completion within a reasonable time could be implied in the family division context; accordingly the respondents' summonses were allowed and the w…