30 Jul 2021
STAR WIN ENTERPRISES LTD v. THE ONE PROPERTY LTD (formerly known as CHINESE ESTATES (THE ONE) LTD)
- Citation
- [2021] HKDC 922
- Court
- District Court
- Case number
- DCCJ4810/2020
The Order 14A application was dismissed because the court did not have the necessary factual matrix to fairly construe Clause 8 or to imply terms or resolve alleged partial frustration; the partial frustration question was drafted unclearly; there were triable issues including possible abuse of process (Henderson) and voluntariness of payments, so even if legal questions were decided for the plaintiff a trial would still be necessary; accordingly the court declined to exercise its residual discretion to determine the questions summarily.