19 Apr 2011
MILLION WAY LTD v. TO SHING WO AND OTHERS
- Citation
- MILLION WAY LTD v. TO SHING WO AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV136/2010
The Court of Appeal held that the 4th defendant was not a party or privy to the sale agreements because the managers acted as trustees for beneficiaries and not as agents capable of binding the members; therefore there was no legal basis to prevent the 4th defendant from objecting to the District Officer and clause 35(3) operated to terminate the formal agreement on 25 October 2005; rectification was not available because the plaintiff failed to prove the necessary convincing evidence of a common intention to replace clause 35(3) with clause 8.