27 Apr 2017
ASGAIN CO LTD v. CHENG KA YAN
- Citation
- ASGAIN CO LTD v. CHENG KA YAN
- Court
- District Court
- Case number
- DCCJ81/2014
The defendant failed to prove that the parties had agreed to act upon an assumed state of facts such that contractual estoppel would bind the plaintiff; evidence established the plaintiff did not intend the receipt clauses to have effect and the defendant's conduct (continuing payments) undermined reliance on the clauses; accordingly the appeal lacked a reasonable prospect of success and leave to appeal was dismissed and stay refused.