14 Jan 1982
MOSBERT ACCEPTANCE LTD v. CHANG SHIN CHUEN
- Citation
- MOSBERT ACCEPTANCE LTD v. CHANG SHIN CHUEN
- Court
- Court of First Instance
- Case number
- HCA3980/1979
Paragraph 3 of each statement of claim, together with the delivered particulars, sufficiently pleaded gratuitous payments ultra vires the companies and established a prima facie cause of action; plaintiffs need not plead further particulars excluding all possible implied powers because the onus to justify such payments lies on the recipient; however the two payments to Dr McAlister were not pleaded as payments to the defendant and those allegations were struck out.