20 Jan 2011
SPORTOYS SALES INC. v. STALLION (ASIA) LTD
- Citation
- SPORTOYS SALES INC. v. STALLION (ASIA) LTD
- Court
- District Court
- Case number
- DCCJ1075/2010
Judgment by summary process was permissible only for the admitted 1st Sum; the 2nd Sum and Account Claim raise triable issues whether the plaintiff solicited and/or took the orders within the meaning of the Agreement and whether the defendant validly invoked Clause 3C; the Purported Admission did not establish contractual entitlement to 5% commissions; the 3rd Sum and the application to amend the Summons involve disputed factual and contractual issues (including alleged agreement on altered commission rates) and therefore cannot be resolved on summary judgment.