12 Apr 2018
ASGAIN CO LTD v. CHENG KA YAN
- Citation
- [2018] HKCA 200
- Court
- Court of Appeal
- Case number
- CACV197/2017
Even if the receipt clauses gave rise to a contractual estoppel, that estoppel was extinguished by the Defendant's subsequent part payments which the Plaintiff accepted (counter‑estoppel/waiver); section 18(1) CPO does not operate as a conclusive discharge of the vendor's claim for unpaid purchase money and does not prevent the vendor suing where non‑payment is proved; therefore the appeal fails and the judgment below is upheld.