6 Dec 2000
YU TAI HING CO. LTD. v. RIGHTAN TRADING LTD. AND OTHERS
- Citation
- YU TAI HING CO. LTD. v. RIGHTAN TRADING LTD. AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP1175/2000
The appeal was dismissed because the alleged agreement to forgo the balance was unsupported by contemporaneous documents and contradicted by the evidence, the purported collateral agreement was raised belatedly and was incredible, the agreement lacked consideration as a matter of law (Foakes v Beer), and the Master did not abuse his discretion in admitting late evidence or refusing further adjournment; the 3rd Defendant failed to discharge the burden of showing why a charging order absolute should not be made.