20 Dec 1985
NATHAN KANER AND ANOTHER v. JOHN MICHAEL JERWOOD AND OTHERS
- Citation
- NATHAN KANER AND ANOTHER v. JOHN MICHAEL JERWOOD AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV84/1985
The Court of Appeal held that the trial judge had made material errors of fact and law such that the appellant was denied an appreciable chance of success; the doctrine of part performance is not confined to land transactions and a pre-trial payment of HK$400,000 could amount to part performance; for these reasons the appeal must be allowed, the lower court judgment set aside and the action remitted for retrial to determine the existence, date and terms of any agreement and the effect of part performance in the circumstances.