30 Apr 1999
CHU TAK YIN WINSTON v. GENERAL-TECH ELECTRONIC LTD.
- Citation
- CHU TAK YIN WINSTON v. GENERAL-TECH ELECTRONIC LTD.
- Court
- Court of First Instance
- Case number
- HCA12473/1998
It was plainly arguable that the Plaintiff and the vendor stood in equivalent positions under the Agreement (including Clause 3.03) and that the Defendant had an arguable good reason — reliance on the price adjustment mechanism and allegations of misrepresentation/fraud — to withhold payment by dishonouring the cheques; accordingly leave to defend was rightly granted and summary judgment was inappropriate.