10 Mar 2005
MOBIL OIL HONG KONG LTD v. OR WING CHING AND OTHERS
- Citation
- MOBIL OIL HONG KONG LTD v. OR WING CHING AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP5041/2001
On the balance of probabilities the Court found the plaintiff was the commercial mastermind and treated the stations as its investments but the executed legal documentation genuinely reflected the parties' intended structure; alleged oral assurances did not create binding obligations because the comfort letter expressly confined any waiver to the plaintiff's sole discretion; the defendants failed to prove the documents were sham or that illegality under Mainland law invalidated the claims. Consequently the plaintiff was entitled to judgment on its claims and the defendants' counterclaims fail…