1 Sept 2006
TOP FLYING INVESTMENT LTD v. OPEN MISSION ASSETS LTD
- Citation
- TOP FLYING INVESTMENT LTD v. OPEN MISSION ASSETS LTD
- Court
- Court of First Instance
- Case number
- HCA566/2006
Clause 4.2.3 was unambiguous and the lender was entitled to activate the top-up obligation; the alleged collateral oral agreement was incredible and insufficiently pleaded; the alleged pledge to Mr Huang was a fabrication or insufficiently evidenced and did not render specific performance impossible; damages were an inadequate remedy given the defendant's apparent lack of assets; out-of-jurisdiction affirmations before foreign lawyers are inadmissible though a notarised affirmation was admissible; accordingly summary judgment was properly granted and the appeal was dismissed.