28 Feb 1997
King Prosper Trading Ltd. v. Tenbase Trading Ltd.
- Citation
- King Prosper Trading Ltd. v. Tenbase Trading Ltd.
- Court
- Court of Appeal
- Case number
- CACV48/1997
There was at least considerable doubt that the solicitors' correspondence alone produced a concluded compromise because the parties treated endorsement and filing of a consent order as the means to finalise the settlement; accordingly the stay should not have been made without resolving that issue, and independently the court had jurisdiction under Order 29 r.12 to order an interim payment and to release the HK$1,530,000 then in court to the plaintiff.