14 May 2020
KALE ASSETS LTD v. RICHINA PACIFIC LTD
- Citation
- [2020] HKCFI 599
- Court
- Court of First Instance
- Case number
- HCA2049/2014
Application for summary judgment refused because defendant raised credible, non-frivolous defences that are factually and legally intertwined with the remainder of the claim (not severable): construction issues of the master agreements concerning conditions precedent and PRC law compliance (including alleged need for PRC approval and the effect of RMB remittances/DAL) create triable issues; expert evidence on PRC law and contemporaneous correspondence render the defence sufficiently arguable to require trial.