9 Dec 1999
BOFAI DEVELOPMENT LTD. v. SUMMIT LEADER LTD.
- Citation
- BOFAI DEVELOPMENT LTD. v. SUMMIT LEADER LTD.
- Court
- Court of Appeal
- Case number
- CACV134/1999
The Court of Appeal held the judge below was wrong to treat the vendor as plainly without defence; the vendor had an arguable defence that its answer (referring to the Deed of Mutual Covenant, Architect's Certificate and assignment memorials) satisfactorily addressed Requisition No.24, so summary judgment under Order 86 was inappropriate and the vendor must be allowed unconditional leave to defend.