4 Apr 2006
STRONG OFFER INVESTMENT LTD (In Liquidation) v. NYEU TING CHUANG
- Citation
- STRONG OFFER INVESTMENT LTD (In Liquidation) v. NYEU TING CHUANG
- Court
- Court of Appeal
- Case number
- CACV384/2004
The Court of Appeal upheld the trial judge: although the plaintiff breached s.18(2) particulars those breaches were technical and unintentional, the defendant (a sophisticated borrower) suffered no prejudice, and the judge rightly exercised his s.18(3) discretion to enforce the loans; the plaintiff's December 1998 liquidation was not an unreasonable failure to mitigate given the defendant's requests for indulgence and market volatility, and the cumulative arguments did not justify curtailing enforcement.