28 Aug 2009
YIU YAN CHE AND OTHERS v. YIU HO MING HERMES AND OTHERS
- Citation
- YIU YAN CHE AND OTHERS v. YIU HO MING HERMES AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA630/2008
The Court refused summary specific performance because Clause 5 of the 4th Schedule is ambiguous and material factual matrix evidence is lacking, creating triable issues; the Court dismissed the appeal and upheld summary judgment for HK$21,807,023.15 because there is no causal connection between the respondents' alleged breach and YYC's obligation to pay the 2nd instalment and the prevention principle was not established.