2 May 2018
CHOW NAP MAN v. CHUNG WAI KWONG
- Citation
- [2018] HKCA 245
- Court
- Court of Appeal
- Case number
- CACV137/2017
The Court of Appeal allowed the appeal because it was not obviously unsustainable as a matter of law to treat the memorandum as an enforceable agreement: a reasonable argument existed that an implied term (completion within a reasonable time) could be read into the memorandum and substantial factual disputes required a full hearing; the summary dismissal was therefore erroneous and the originating summons was remitted to the Court of First Instance to be heard with HCA 1787/2015.