31 Mar 2008
YEW SANG HONG LTD v. HONG KONG HOUSING AUTHORITY
- Citation
- YEW SANG HONG LTD v. HONG KONG HOUSING AUTHORITY
- Court
- Court of Appeal
- Case number
- CACV346/2007
The appeal was dismissed because Yew Sang's pleaded restitution, trust and implied contract claims lacked reasonable prospects: allowing restitution or directing direct payment would subvert contractual risk allocation and the statutory insolvency regime (resulting in unfair priority over other unsecured creditors), there was no identifiable specific fund or contractual provision creating a trust over retention monies and main contract clauses (GCC 69(3)(d) and GCC 83) and the pleaded facts did not support an inference of an unambiguous offer and acceptance to create an implied contract oblig…