6 Feb 2004
ASG FINANCE LTD v. FAN CHUN SHING DAVID
- Citation
- ASG FINANCE LTD v. FAN CHUN SHING DAVID
- Court
- Court of First Instance
- Case number
- HCA3130/2002
The appeal is dismissed because there are arguable triable issues as to enforceability under s.18 (both direct and indirect effects on the deed) and whether the court should exercise its s.18(3) discretion in favour of enforcement; the material before the court is insufficient to conclude the discretion can only be exercised in one way, so the Master’s grant of unconditional leave to defend was correctly exercised.