3 Sept 2004
SIEGFRIED ADALBERT UNRUH v. HANS-JOERG SEEBERGER AND ANOTHER
- Citation
- SIEGFRIED ADALBERT UNRUH v. HANS-JOERG SEEBERGER AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA6641/2000
The MoA was valid and not champertous; the expression "the Arbitration" covers NAI 1325 and proceedings flowing from it (including NAI 1616); Unruh performed his best endeavours; Egana is estopped by the DoA (and alternatively agreed) to deny liability and must pay the Special Bonus (with Egana entitled to set-off under DoA); Seeberger is personally liable under clause 5 if Egana fails to pay; apportionment issue resolved by interpreting "the Arbitration" to include both proceedings and by adverse inference given defendants withheld ESCT documents.