9 Dec 2008
SHAHDAN LTD v. RICH LIFE INTERNATIONAL LTD
- Citation
- SHAHDAN LTD v. RICH LIFE INTERNATIONAL LTD
- Court
- Court of Appeal
- Case number
- CACV163/2008
The judge was correct to grant leave to defend because it was arguable that the licence was unenforceable due to illegality: if the kiosks were unauthorised building works, performance by the plaintiff would involve the commission of a continuing statutory offence under the Buildings Ordinance, and there were unresolved factual issues about construction, approvals, occupancy and timing that required trial; the Court of Appeal on interlocutory appeal would not decide those factual or substantive legal issues and therefore dismissed the appeal and upheld the judge's grant of leave to defend.