12 Apr 2007
NG CHUN KONG CALVIN t/a KO AND CO v. FIRST STAR DEVELOPMENT LTD
- Citation
- NG CHUN KONG CALVIN t/a KO AND CO v. FIRST STAR DEVELOPMENT LTD
- Court
- Court of Appeal
- Case number
- CACV81/2006
The Court of Appeal held that the construction of the retainer and the existence of the pleaded implied term, and the related question of frustration, involved material factual issues (surrounding circumstances, practice/custom and parties' conduct) unsuitable for summary disposal under Order 14A or striking out; accordingly the appeal succeeded, the striking out and summary judgment below were set aside and the matter remitted for trial so that the factual issues can be resolved and the contract properly construed.