12 Feb 2015
FOK CHUN YUE BENJAMIN v. FOK CHUN WAN IAN AND OTHERS
- Citation
- FOK CHUN YUE BENJAMIN v. FOK CHUN WAN IAN AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV17/2014
The Court of Appeal held the judge erred in making a final summary determination of the construction of Clause 19(e) because the relevant factual matrix contained serious disputed issues (nominee ownership, non‑disclosure, good faith) which could not properly be ignored; the judge's construction limiting Clause 19(e) to a subsisting option discoverable by KPMG was not a permissible summary resolution in the circumstances. The correct exercise was to set aside the order of 3 January 2014 and order a stay pending fresh proceedings to determine the disputes over the Settlement Agreement.