8 Feb 1985
MERIDIEN BRECKWOLDT HONG KONG LIMITED v. EMILIE SHI AND OTHERS
- Citation
- MERIDIEN BRECKWOLDT HONG KONG LIMITED v. EMILIE SHI AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA3696/1984
Res judicata did not apply because the earlier action and the present action involved different plaintiffs, different subject matters and could not properly have been joined; the plaintiff's pleaded allegation that goods were delivered was sufficient and not denied; the plaintiff failed to prove it was a member of the named Group at the date of the guarantee and therefore could not establish entitlement as a beneficiary at the relevant date; accordingly summary judgment in favour of the plaintiff was inappropriate and the defendant was granted unconditional leave to defend.