13 Jun 2024
Leave to appeal was refused because the proposed grounds were without merit and had no reasonable prospect of success: the trial judge’s factual findings that the defendant was the hirer and the agreement was in force were supported by evidence and not plainly wrong; the promise to comply with rental terms constituted consideration; no evidence of judicial bias was produced.
27 Nov 2020
The court found on the balance of probabilities that the creditor's requirement for a guarantor had been satisfied by the first guarantor (D2) before the 3rd defendant's guarantee was procured; the 3rd defendant's guarantee was therefore given after the account was opened and the loan advanced and was past consideration, rendering the guarantee unenforceable.
4 Jul 2001
The plaintiff was entitled to final judgment for the debt; the fax of 15 May 2000 did not establish the alleged agreement or create credit/COD terms as pleaded by the defendant, there was no triable issue of breach of that alleged agreement, and the counterclaim for future losses was not so closely connected as to permit equitable set-off or justify a stay of execution.
18 Oct 1995
The Japanese-language memorandum was held to embody the complete terms of the employment contract and contained no provision that the employer would pay the Defendant's salaries tax; the Defendant's contrary evidence was rejected and the company's contemporaneous accounting and the conduct of directors established that the payments were advances/loans repayable by the Defendant; judgment entered for the Plaintiff.