24 Jun 2008
WAI KAM CHIU AND ANOTHER v. CHIM SIU FAN
- Citation
- WAI KAM CHIU AND ANOTHER v. CHIM SIU FAN
- Court
- Court of Appeal
- Case number
- CACV376/2007
The Court upheld the trial judge's finding of a collateral contract conditioning the effectiveness of the provisional tenancy on demolition of illegal structures and consent to present the cheque; the trial judge's acceptance of the defendant's evidence was within his fact-finding discretion and the collateral contract exception to the parol evidence rule applies where strictly proved, so the defendant was not obliged to sign the formal tenancy and the plaintiffs' appeal fails.