23 Jan 2020
FAST VIEW INDUSTRIAL LTD t/a RISING SUN INDUSTRIAL CO 對 KIDEN CO LTD
- Citation
- [2020] HKDC 68
- Court
- District Court
- Case number
- DCCJ3012/2017
No new contract was formed by the letters (no consensus on terms nor consideration). However the defendant's fax constituted a clear representation requesting time and to refrain from action for one month and was intended to affect legal relations; the plaintiff reasonably relied and delayed, so defendant is estopped from pleading limitation. Documentary and witness evidence established that several of the six part payments were applied to the whole debt; on the balance of probabilities the last relevant part payment was 5 April 2012 and under s.23 Cap.347 the cause of action is deemed to ari…