31 Jul 2020
CBRE LTD v. SUPERFORM INVESTMENT LTD
- Citation
- [2020] HKCFI 1799
- Court
- Court of First Instance
- Case number
- HCA1420/2019
The summary judgment application was dismissed because there are genuine triable issues as to whether a binding contract was concluded given the explicit non-binding disclaimer, the insufficiency and lateness of evidence relied on to establish an implied waiver or acceptance by conduct, and the contextual facts required to resolve authority and agreement which cannot be determined summarily. Relief from sanctions was limitedly granted to permit CBRE to file a reply to the amended defence on an 'unless' basis because Superform significantly amended its defence after CBRE's default; otherwise r…