22 Nov 1996
YUEN KWOK KEE and Another v. LO SAI WAH and Another
- Citation
- YUEN KWOK KEE and Another v. LO SAI WAH and Another
- Court
- Court of First Instance
- Case number
- HCA12704/1995
The pleaded facts disclosed an arguable cause of action. The allegation that the second agreement treated the $350,000 as part payment by the plaintiffs was properly pleaded as an implied term and a collateral agreement could bind the third party payer; whether the first agreement survived for formalities reasons under s5(1)(a) Cap.219 and thereby defeated the second agreement was not a plain and obvious answer on the pleadings so summary striking out was inappropriate. Accordingly the defendants\' appeal against Master Cannon\'s dismissal of the strike out summons was dismissed; consequentia…