6 Dec 2010
CHEN LIP KEONG v. EVOLUTION MASTER FUND LTD SPC, SEGREGATED PORTFOLIO M
- Citation
- CHEN LIP KEONG v. EVOLUTION MASTER FUND LTD SPC, SEGREGATED PORTFOLIO M
- Court
- Court of First Instance
- Case number
- HCA575/2010
Summary judgment refused because material factual disputes (notably the validity and terms of the alleged oral Put Option, the calculation and entitlement to default interest and indemnity, and the lawfulness of sub‑mortgaging the charged shares) and complex questions of contractual construction could not be resolved on affidavit evidence; estoppel could not be established as a matter of law on the material before the court and clauses in the Loan Agreement weighed against finding waiver by conduct; accordingly the matter must proceed to trial.