3 Feb 2000
CHUNG FAI HOLDINGS LTD. v. D.H. INTERNATIONAL LTD.
- Citation
- CHUNG FAI HOLDINGS LTD. v. D.H. INTERNATIONAL LTD.
- Court
- Court of Appeal
- Case number
- CACV229/1999
The appeal was dismissed because the Court concluded the written CF/DH agreement evidenced the entire obligation and clause 4 entitled CF to the fee upon allotment to Nicekind; the putative defences (oral agreement, condition precedent, double agency, illegality) had no real prospect of success on the material before the court—Yim acted as Nicekind's agent not DH's so no fiduciary duty to DH arose; there was no evidence CF was an unlicensed securities dealer; and the alleged condition precedent (opening a joint account) was not a contractual precondition to payment.