5 Aug 2014
GREAT HARVEST PROPERTY INVESTMENT LTD v. HO FREEMAN CHI MAN AND OTHERS
- Citation
- GREAT HARVEST PROPERTY INVESTMENT LTD v. HO FREEMAN CHI MAN AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA560/2010
The striking-out application was dismissed because although the re-pleaded claim overlapped with matters which could have been litigated earlier (engaging res judicata in the wide sense), the 1st defendant had consented to the re-amendment and re-joining, rendering a post-amendment collateral attack unjust; summary judgment was refused because there are real triable issues of fact (existence of an implied contractual promise by the drawer and the quantum of loss) and the case must be determined at trial.