26 Aug 2009
LAM MOON YUEN v. KIN MING HOLDINGS INTERNATIONAL LTD
- Citation
- LAM MOON YUEN v. KIN MING HOLDINGS INTERNATIONAL LTD
- Court
- Court of First Instance
- Case number
- HCA216/2008
The court refused to strike out: it held the plaintiff's pleaded oral collateral agreement and extended meaning of 'Lot A4' were at least arguable; clause 8 was not necessarily an entire agreement clause; clause 6.2 did not inevitably effect automatic termination without repayment/tender; the factual matrix (including the 21 July 2004 memorandum and 26 July 2004 letter) permitted the plaintiff to argue revival under clause 7.1; pleaded facts were sufficient to permit an arguable claim that fiduciary duties arose; prior foreign/Mainland proceedings did not dispose of the merits and the claim w…