22 Apr 2020
WU FUNG CHU v. NG PAK WING
- Citation
- [2020] HKCFI 615
- Court
- Court of First Instance
- Case number
- HCA654/2014
The Deed of Trust's Assignment Obligation is expressed in clear, unqualified terms and cannot be varied or defeated by alleged implied terms in a separate Agreement; the Defendant failed to demonstrate that any term should be implied into the Agreement which would render the Deed subject to conditions, and no triable issue or credible misrepresentation defence was established; summary judgment for the Plaintiff was appropriate and the appeal was allowed.