23 Oct 2019
XU DAZHONG v. NIPPON KAIJI KYOKAI t/a NIPPON KAIJI KYOKAI HONG KONG BRANCH
- Citation
- [2019] HKCFI 2588
- Court
- Court of First Instance
- Case number
- HCLA15/2018
The Tribunal's finding that the Subject Payments included EOY Payments was set aside because the Presiding Officer failed to give adequate reasons for that conclusion, relied improperly on the Defendant's witness without reconciling inconsistent earlier statements, and thus the question of the nature of the Subject Payments must be remitted to the Tribunal for retrial to be determined objectively in accordance with established principles of contractual interpretation and evidence.