7 May 2021
LEUNG WAI CHEUNG v. OCTEL NETWORKS LTD AND ANOTHER
- Citation
- [2021] HKCA 656
- Court
- Court of Appeal
- Case number
- CAMP145/2020
Leave to appeal refused because the Judge's primary factual findings—that the defendants' issuance of a postdated cheque varied a material payment term and amounted to a conditional counter‑offer, and that the plaintiff did not accept that condition—were supported by contemporaneous WhatsApp messages and oral evidence and were therefore not plainly wrong; accordingly the appeal had no reasonable prospect of success; costs awarded to defendants in sum HKD 80,000 and no oral reconsideration permitted under Order 59 r2A(8).