29 May 2013
LUCKY ZONE HOLDINGS LTD v. WINNING BEAUTY INVESTMENTS LTD AND ANOTHER
- Citation
- LUCKY ZONE HOLDINGS LTD v. WINNING BEAUTY INVESTMENTS LTD AND ANOTHER<br>
- Court
- Court of First Instance
- Case number
- HCA784/2012
The court held that the defendants' asserted prior oral term was inherently unbelievable and inconsistent with the commercial context and the express entire agreement clause and clause 8.2 granting the noteholder absolute discretion; the alleged term was too vague to form a binding obligation and there was no evidence of post-contractual conduct amounting to waiver or estoppel; therefore there was no genuine dispute of fact and summary judgment was entered for the plaintiff in both actions.