21 Oct 2005
CHEUNG YU HON v. LUK NGAI LING IRENE AND ANOTHER
- Citation
- CHEUNG YU HON v. LUK NGAI LING IRENE AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV100/2005
The appeal is dismissed. The Recorder expressly rejected the warranty defence as part of the reasoning essential to her grant of forfeiture on the user ground; that finding was appealable and the defendants failed to appeal, thereby creating issue estoppel which precludes the defendants from raising the warranty defence at trial. The plaintiff was not estopped by convention or guilty of abuse of process for failing to strike out the defence earlier.