29 Jul 2008
CHUANG YUE CHIEN, EUGENE v. PARK HOTEL PROPERTY MANAGEMENT LTD AND OTHERS
- Citation
- CHUANG YUE CHIEN, EUGENE v. PARK HOTEL PROPERTY MANAGEMENT LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA2363/2007
The court struck out paragraph 2.3(2) and prayers 2, 3 and 4 because the plaintiff could not, as a matter of law, claim rescission ab initio or re-vesting of the share and loan based on an accepted repudiatory breach; an implied term to that effect would fail the business efficacy test. However the remainder of the claim for the balance was not plainly and obviously untenable and the action was not dismissed in full.