Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Car parking space option

Legal area

Court

23 Nov 2005

ART KING TECHNOLOGY LTD v. MATCH POWER INVESTMENT LTD

Citation

ART KING TECHNOLOGY LTD v. MATCH POWER INVESTMENT LTD
Court

District Court
Case number

DCCJ5923/2004

The applications to strike out were dismissed because the August agreements were ambiguous as to scope and whether they operated as deeds, the factual matrix did not clearly establish that Plaintiffs had released all rights or that enforceable consideration from the Defendant supported a full and final settlement, and consequently it was not a clear case warranting striking out at interlocutory stage.
23 Nov 2005

JANMARK INVESTMENTS LTD v. MATCH POWER INVESTMENT LTD

Citation

JANMARK INVESTMENTS LTD v. MATCH POWER INVESTMENT LTD
Court

District Court
Case number

DCCJ5924/2004

The court held that on the pleadings and affidavits it was not a clear or plain case to strike out: the August letters were ambiguous as to whether they purported to be deeds or full and final settlements, the payment of legal costs was not clearly linked as consideration extinguishing plaintiffs' contractual rights, and therefore the striking out applications were dismissed.