7 Oct 2005
SIEGFRIED ADALBERT UNRUH v. HANS-JOERG SEEBERGER AND ANOTHER
- Citation
- SIEGFRIED ADALBERT UNRUH v. HANS-JOERG SEEBERGER AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV298/2004
Majority held that clause 5 of the Memorandum imposed liability on the 1st defendant to pay the special bonus if the 2nd defendant did not pay and that the global settlement constituted monetary compensation from the arbitration; the plaintiff had used best endeavours and the MoA was not champertous; further, the Deed of Acknowledgement and surrounding conduct created an estoppel/assumption (and inferences of agreement) sufficient to bind the 2nd defendant, so the trial judgment for the plaintiff against both defendants was upheld (appeals dismissed).