25 Mar 2004
CHAN KWOK FAI v. ONWARD ELECTRICAL & SUPPLIES CO LTD
- Citation
- CHAN KWOK FAI v. ONWARD ELECTRICAL & SUPPLIES CO LTD
- Court
- Court of First Instance
- Case number
- HCA3600/2003
The liquidator's communications, including the 17 July letter and receipt, amounted to an unequivocal acceptance creating a binding contract for the sale as tendered; clause 5 concerning Customs clearance governed timing for payment/transfer rather than operating as a condition precedent preventing formation or allowing rescission; consequently the defendant's rescission was unjustified and there was no real defence to the summary judgment application.