31 Dec 1991
CHUN LEE ENGINEERING CO. LTD. v. AOKI CORPORATION
- Citation
- CHUN LEE ENGINEERING CO. LTD. v. AOKI CORPORATION
- Court
- Court of Appeal
- Case number
- CACV71/1991
Summary judgment for HK$620,000 was set aside because the claim rested on a certificate that was only a qualified admission and its conclusive effect depended on disputed contractual terms (the existence and content of any implied term for interim payments/retentions); because those contractual issues were genuinely arguable, Order 14 summary judgment was inappropriate. The refusal to grant late leave to amend was tied to the flawed basis for the original Order 14 decision and the court allowed the re-amendment appeal.