18 Dec 2002
CHINA EVERBRIGHT HOLDINGS CO. LTD. v. SYNERGY PROPERTY DEVELOPMENT CO. LTD. AND ANOTHER
- Citation
- CHINA EVERBRIGHT HOLDINGS CO. LTD. v. SYNERGY PROPERTY DEVELOPMENT CO. LTD. AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA934/2002
Defendants failed to discharge the strict burden to prove the asserted collateral agreements on the summary judgment material; the United Wide letter evidenced only proposals/negotiations and was inconsistent with defendants' assertions; material inconsistencies and unexplained lacunae made the defendants' case unbelievable so summary judgment was entered in respect of the 2nd and 3rd actions, while the 1st action raised potential illegality under the Companies Ordinance requiring trial so leave to defend was granted.