17 Dec 2003
WONG TAK KEUNG, STANLEY v. THE MANAGEMENT COMMITTEE OF THE INCORPORATED OWNERS OF GRENVILLE HOUSE
- Citation
- WONG TAK KEUNG, STANLEY v. THE MANAGEMENT COMMITTEE OF THE INCORPORATED OWNERS OF GRENVILLE HOUSE
- Court
- Court of Appeal
- Case number
- CACV244/2003
The Court held the strike-out was improper because the Application pleaded facts (to be assumed on strike-out) showing the solicitors' retainer was historically and likely to be over the statutory threshold and it was at least arguable that s.20A(2) is a discrete mandatory provision (incorporated from the Code) requiring procurement by invitation to tender; the legal viability of that cause of action was fact-sensitive and could not be disposed of on strike-out. The judge's prior conclusion that s.20A(1) and s.20A(2) were merely directory was set aside.