12 Dec 1990
LUCKY WEALTH CONSULTANTS LTD v. HORIZON TECHNOLOGIES INTERNATIONAL LTD
- Citation
- LUCKY WEALTH CONSULTANTS LTD v. HORIZON TECHNOLOGIES INTERNATIONAL LTD
- Court
- Court of Appeal
- Case number
- CACV31/1990
The Court held that the Tomlin order and the separate Deed were distinct instruments; the Schedule to the Tomlin order contained clear, absolute payment obligations which did not incorporate or depend upon the Deed's conditional clauses, so Horizon could not invoke the Deed to resist enforcement; accordingly the appeal was allowed and enforcement of the sums in the Tomlin schedule ordered (subject to a limited stay to hear submissions on further stay).