27 Apr 2010
FINE ELITE GROUP LTD v. CHENG WAI TAO
- Citation
- FINE ELITE GROUP LTD v. CHENG WAI TAO
- Court
- Court of First Instance
- Case number
- HCA1269/2008
The court held that allegations of misrepresentation were not triable because the entire agreement clause and contract terms meant the statements relied on were contractual warranties, not pre-contractual representations, and reliance could not be shown. However, the defendant raised an arguable implied term regarding trademark registration and an arguable defence that he accepted the plaintiff's repudiatory breach; clause 20.1 did not conclusively require written acceptance. Because those issues were sufficiently arguable and believable to a degree, summary judgment for specific performance…