10 May 2013
KOWLOON DEVELOPMENT FINANCE LTD v. PENDEX INDUSTRIES LTD AND OTHERS
- Citation
- KOWLOON DEVELOPMENT FINANCE LTD v. PENDEX INDUSTRIES LTD AND OTHERS
- Court
- Court of Final Appeal
- Case number
- FACV21/2012
The appeal is dismissed: the Tomlin consent orders, read against their factual background, did not discharge the post-2005 indebtedness and the 2005 order was properly rectified on the grounds of common mistake; the facts also supported rectification for unilateral mistake and there is no requirement to elect exclusively between the two doctrines where they address distinct legal questions.