7 Sept 1999
CHINA LIAONING LTD. v. NEW CENTURY (HOLDINGS) DEVELOPMENT CO. LTD.
- Citation
- CHINA LIAONING LTD. v. NEW CENTURY (HOLDINGS) DEVELOPMENT CO. LTD.
- Court
- Court of First Instance
- Case number
- HCA20490/1998
The 25 May 1998 undertaking was an independent, enforceable promise to pay and did not fall within the arbitration agreement of the earlier sales contract; the defendant's forgery/agency defences were implausible and did not disclose a triable issue, therefore the stay to arbitration was dismissed and summary judgment was entered for the plaintiff.