18 Feb 2010
LIMING CAPITAL LTD AND ANOTHER v. YEUNG HEI KWAN, JACKIE
- Citation
- LIMING CAPITAL LTD AND ANOTHER v. YEUNG HEI KWAN, JACKIE
- Court
- Court of First Instance
- Case number
- HCA1818/2008
The court concluded that objective contemporaneous communications (e-mails) and the unqualified terms of the cheque and the Ancillary Agreement established binding obligations to pay; the cheque was not shown to be conditional and the Ancillary Agreement contained an entire agreement clause and unambiguous payment obligation; alleged misrepresentation, duress or unilateral mistake were unsupported or legally insufficient to avoid the agreement. Accordingly the plaintiffs were entitled to partial judgment for HKD 7,917,074 with interest as ordered.