15 May 2002
MAK KEE LTD. v. SAM WOO BORE PILE FOUNDATION LTD.
- Citation
- MAK KEE LTD. v. SAM WOO BORE PILE FOUNDATION LTD.
- Court
- Court of First Instance
- Case number
- HCSA4/2002
The appeal was allowed because the Tribunal erred by applying the contra proferentem rule prematurely and by deciding scope of the settlement from the confirmation letter alone without properly examining extrinsic evidence and considering whether an implied term should cover the disputed invoices; the judgment below was set aside and the matter remitted for further adjudication applying proper principles of construction and, if necessary, implication of terms.