Read the full judgment text of CACV 402/2005 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 30 March 2007 before Hon Rogers VP, Le Pichon JA, Chu J.
Civil procedure — Contract law — Contract formation pre-incorporation — Application of Companies Ordinance Cap. 32 s.32A — Licence borrowing arrangement in government maintenance contracts — Sub-contract agreement dated 31 March 2001 entered before incorporation of nominated company — Whether contract enforceable against defendant or against incorporated company — Court upheld Deputy High Court Judge’s factual findings that the plaintiff knew Shun Wing would be the licence 'borrower' and that Shun Wing ratified the contract after incorporation — Appeal dismissed with costs in favour of defendant.
Legal issues: Application of Companies Ordinance Cap. 32 s.32A on contracts made before incorporation
Outcome: Appeal dismissed