8 May 2013
LO SHING KIN v. SY CHIN MONG STEPHEN
- Citation
- LO SHING KIN v. SY CHIN MONG STEPHEN
- Court
- Court of Appeal
- Case number
- CACV148/2012
The appeal is dismissed: the alleged common mistake defence fails because (1) the specific mutual mistake now advanced was not pleaded and was inconsistent with the defendant's pleaded case and trial conduct; (2) on the judge's factual findings there was a bona fide disputed right which the parties compromised and no mutual mistake that vitiates the settlement; and (3) the Settlement Agreement was supported by consideration and was capable of performance; equitable rescission need not be considered.