15 Dec 1989
KIWAIT ASIA BANK E.C. v. YIP LEE NOMINEES (HONG KONG) LTD AND OTHERS
- Citation
- KIWAIT ASIA BANK E.C. v. YIP LEE NOMINEES (HONG KONG) LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA5389/1988
Summary judgment was refused because the case raises difficult and potentially dispositive questions of law and fact (illegality under Malaysian exchange control law and possible Bretton Woods implications) that cannot be resolved safely on affidavit; accordingly the plaintiff's appeal for summary judgment was dismissed. The judgment against the 3rd defendant was set aside because he demonstrated arguable defences identical to those raised by the 2nd defendant and fairness required he be allowed to contest them at trial.