5 Apr 2000
CABLE & WIRELESS HKT INTERNATIONAL LTD. v. NEW WORLD TELEPHONE LTD.
- Citation
- CABLE & WIRELESS HKT INTERNATIONAL LTD. v. NEW WORLD TELEPHONE LTD.
- Court
- Court of First Instance
- Case number
- HCCL229/1999
The application for a summary construction under Order 14A was refused because material factual disputes (including the nature of the alleged 'refiling' diversion, regulatory policy context, expert disagreement on technical terms like 'delivery', possible amendments and change of position/mistake defences) were interwoven with the legal issues; summary determination on assumed facts would be premature and could prejudice the discovery/trial process, so the court declined to exercise its discretion to decide the construction at this interlocutory stage.