9 Jun 2014
NEW JOY DEVELOPMENT (HONG KONG) LTD v. THINKING ENGINEERING LTD
- Citation
- NEW JOY DEVELOPMENT (HONG KONG) LTD v. THINKING ENGINEERING LTD
- Court
- District Court
- Case number
- DCCJ2876/2013
Summary judgment was refused and unconditional leave to defend granted because Thinking did not demonstrate absence of a triable issue: the encroachment of the internal toilet raised a legitimate triable issue whether it went to the root of title and whether Thinking could effect substantial performance (e.g. by excision) to cure title, and Thinking's initial reply (First Letter) constituted a waiver of strict objection to lateness such that merits of the toilet requisition required trial resolution.