12 Jan 2009
HONG YIP SERVICE CO LTD v. MAURETANIA CO LTD
- Citation
- HONG YIP SERVICE CO LTD v. MAURETANIA CO LTD
- Court
- Court of First Instance
- Case number
- HCSA73/2007
The Adjudicator's award was set aside because she applied issue estoppel without first determining the essential factual question whether the Defendant had made advance applications for reduction; the factual basis for estoppel was absent so the matter is remitted for the Adjudicator to determine, month by month, (1) whether advance applications were made, (2) if so whether the unit was vacant and unoccupied in that month, and (3) if so whether the Claimant properly relied on the conclusive provision; only then may half‑rate judgments be entered as directed.