15 May 1986
THE BANK OF TOKYO, LIMITED AND OTHERS v. REGENTHILL LIMITED AND OTHERS
- Citation
- THE BANK OF TOKYO, LIMITED AND OTHERS v. REGENTHILL LIMITED AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA3054/1985
The court held the rectification plea is speculative, inadequately particularized and unlikely to succeed because the offer letter did not create a definable binding obligation and the executed loan agreement already imposed obligations; the application to add Deacons as a defendant was refused as it would require reopening and restarting the proceedings; clause 14(b)(viii) was construed to require mortgagee consent for all disposals, and alternatively the parties were estopped by their course of dealing from taking a contrary position.