23 Nov 2020
RE ASIA VIEW ENTERPRISES LTD
- Citation
- [2020] HKCFI 2812
- Court
- Court of First Instance
- Case number
- HCCW189/2020
The company demonstrated a bona fide dispute on substantial grounds because clause 10 was more plausibly a timing provision rather than displacing the CIF default that payment arises on tender of shipping documents; under nemo dat the petitioner only acquired Phoenix's rights which had not yet arisen if documents were not delivered; the company's email reply did not constitute a clear and unequivocal representation amounting to estoppel; accordingly the petition was averted and struck out.