5 Feb 2008
RE YIM HOI MAN t/a MAN WAH ELECTRICAL ENGINEERING CO
- Citation
- RE YIM HOI MAN t/a MAN WAH ELECTRICAL ENGINEERING CO
- Court
- Court of Appeal
- Case number
- CACV339/2005
Deputy Judge Ko failed to take into account the material document (Phase's 29 July 2003 letter) and the surrounding factual matrix (meeting with Able's representative, delivery of the letter to Able marked to Mr Lui's attention, conduct indicating ostensible authority and past payments), such that the Court of Appeal, exercising the discretion afresh, concluded Yim had a real prospect of success on the assignment issue; accordingly the default judgment and the bankruptcy order based on it were set aside and procedural directions and costs orders were made.