29 May 2013
LUCKY ZONE HOLDINGS LTD v. LUCKY BELT HOLDINGS LTD AND ANOTHER
- Citation
- LUCKY ZONE HOLDINGS LTD v. LUCKY BELT HOLDINGS LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA785/2012
The alleged prior oral term was not believable in the factual and contractual context, was inconsistent with the clear written terms (including an entire agreement clause and an express clause giving the noteholder absolute discretion), and was too vague to found a binding obligation; there was no post-contract conduct establishing waiver or estoppel. Therefore there was no real triable issue and summary judgment was entered for the plaintiff for repayment of the convertible notes with interest and costs.