8 Jul 2011
XPOLY RECYCLING LTD v. GOLD LEADER ENTERPRISES LTD
- Citation
- XPOLY RECYCLING LTD v. GOLD LEADER ENTERPRISES LTD
- Court
- Court of Appeal
- Case number
- CACV12/2011
The judge below applied the wrong test in granting unconditional leave to defend; the alleged oral settlement lacks merit because the defendant countermanded payments and elected to revert to original remedies, and the defective goods defence is weak but not so insubstantial as to preclude trial; accordingly unconditional leave was set aside and substituted with conditional leave to defend on payment of US$42,750 into court within 28 days, failing which the plaintiff may enter interlocutory judgment for damages to be assessed.