18 Sept 1989
CHOW SANG SANG COMMODITIES LIMITED v. HO KAM TIM AND ANOTHER
- Citation
- CHOW SANG SANG COMMODITIES LIMITED v. HO KAM TIM AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA8043/1987
The court declined summary judgment because, while most pleaded defences (non est factum, fiduciary duty, collateral warranty, duty to liquidate, gaming, frustration) were untenable as a matter of law or on the pleadings, the allegation of misrepresentation as to the effect of the signed agreements was arguable and therefore the defendants must be allowed a trial to establish that defence.