15 Jul 1999
YICKO FINANCE LTD. v. SUCCESS GOLD ENTERPRISES LTD.
- Citation
- YICKO FINANCE LTD. v. SUCCESS GOLD ENTERPRISES LTD.
- Court
- Court of First Instance
- Case number
- HCA4586/1999
The court found the Defendants' assertions (that a collateral oral condition prevented the securities from taking effect and that there was no effective delivery) not credible; having executed and delivered the escrowed security documents and in the absence of evidence that Yicko knew of any condition precedent, the Share Mortgage and related security were enforceable and there were no triable issues to defeat the Order 86 application or the statutory demands; accordingly specific performance was ordered and the setting aside applications dismissed.