20 Nov 2000
B & G ENGINEERING LTD. v. YUEN CHAK CONSTRUCTION CO. LTD.
- Citation
- B & G ENGINEERING LTD. v. YUEN CHAK CONSTRUCTION CO. LTD.
- Court
- Court of First Instance
- Case number
- HCCT119/1999
The application for summary judgment was dismissed because the defendant established multiple substantive factual disputes (delay allocation, alleged abandonment, defective drilling, backfilling and interpretation/applicability of Clause 9) that are triable and cannot be resolved on affidavit and documents alone; consequently leave to defend is unconditional and the matter must proceed to trial.