10 Dec 1997
EVER CHANCE DEVELOPMENT LTD v. CHING KAI CHIU t/a WING HUNG HARDWARE & MACHINERY CO AND OTHERS
- Citation
- EVER CHANCE DEVELOPMENT LTD v. CHING KAI CHIU t/a WING HUNG HARDWARE & MACHINERY CO AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA12909/1994
Defendants raised a bona fide and substantial defence that their obligations under the July memorandum are contingent on the first defendant's liability under a loan agreement that foreign courts declared invalid and treated by way of restitution; because the issues are materially different from matters previously decided, res judicata does not preclude the defence and unconditional leave to defend must be granted.