15 Dec 2022
MORTEN LOK v. MSB INTERNATIONAL LTD AND OTHERS
- Citation
- [2022] HKCFI 3751
- Court
- Court of First Instance
- Case number
- HCCW386/2021
On an objective construction of the correspondence and conduct up to and including 22 March 2022 the parties manifested an intention to be mutually bound on the stated terms; any alleged oral condition that execution of a formal deed and third-party releases was a precondition was not evidenced in the contemporaneous correspondence, was not included in the draft settlement, and was waived by conduct. The terms agreed were sufficiently certain (parties, scope limited to the ongoing actions, costs dealt with) and enforceable; accordingly a stay of the substantive proceedings is justified pendin…