26 Jul 1982
LIKE SOON CO LTD v. TSAI KUT KAN AND OTHERS
- Citation
- LIKE SOON CO LTD v. TSAI KUT KAN AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV21/1981
The Court refused to strike out Like Soon's action (4080) because the memorandum/Statute of Frauds issue and the construction of Document 40 and trade custom raise triable issues going to evidence and fact; however the Court held that Like Soon's issuance of proceedings, with knowledge and as an unequivocal act asserting its rights, constituted intervention which revoked Ha's right to continue Action No.581, so Ha's appeal against dismissal of 581 and the vacation of the lis pendens failed. The memorandum point is principally evidential and not suitable for summary striking out.