30 Mar 2007
MAK KANG HOI v. HO YUK WAH DAVID
- Citation
- MAK KANG HOI v. HO YUK WAH DAVID
- Court
- Court of Final Appeal
- Case number
- FACV20/2006
The Court held that the payments were conditional on the listing of GBRE and that an implied term requiring listing within a reasonable time (expired by end of 1997) was necessary to give the agreement business efficacy; because listing did not occur there was a total failure of consideration and the defendant was obliged to repay the outstanding sum; the 30-month delay did not render the Recorder's carefully reasoned findings unsafe and did not justify overturning the judgment.