3 Jul 2007
HOIE SOOK FONG AND ANOTHER v. ISMAIL HALIMA AND ANOTHER
- Citation
- HOIE SOOK FONG AND ANOTHER v. ISMAIL HALIMA AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA1974/2006
The court held the Master erred in striking out the Statement of Claim because the defendants failed to show the plaintiffs' case was plainly unsustainable: the GCS and SCS do not unambiguously require a strict sequence of deposit, signing and commission payment; the MOA and payment together are at least arguable as a sufficient memorandum or acts of part performance under s3; the auctioneer had ostensible authority and disputed factual issues (including alleged reserve price) precluded summary disposal. Accordingly the appeal was allowed and the striking out order set aside.