16 Dec 2005
NORTHEAST ELECTRIC INVESTMENT LTD AND OTHERS v. FAN YING CHAO AND OTHERS
- Citation
- NORTHEAST ELECTRIC INVESTMENT LTD AND OTHERS v. FAN YING CHAO AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA607/2005
Summary judgment was refused because material triable issues exist as to the true nature of the 24 July agreement (sale v legal mortgage v equitable charge), the existence and terms of the alleged oral agreement (including its parties), discrepancies between pleaded case and evidence, and because the underlying debt appears discharged giving defendants a prima facie right to redeem; therefore the matter must proceed to trial.