12 Jan 2022
DEMY ENGINEERING LTD v. SAU SAN TONG MANAGEMENT LTD
- Citation
- [2022] HKDC 31
- Court
- District Court
- Case number
- DCCJ4094/2018
The 29.10.2020 fax could not be treated as a valid offer because it was ambiguous and objectively a unilateral mistake as to recipient and terms; the defendant/C&A effectively revoked any supposed offer by the contemporaneous telephone communication which was communicated to the plaintiff through an authorized channel (SWW's general line answered by ST Li); accordingly the 2.11.2020 letter was not an effective acceptance and no binding settlement was formed, so the stay application fails.