26 Jul 2002
DORFIT PROPERTIES LTD v. FUJITA CORPORATION
- Citation
- DORFIT PROPERTIES LTD v. FUJITA CORPORATION
- Court
- Court of First Instance
- Case number
- HCCT127/1999
The guarantee, read strictly and in context, guaranteed performance by the Contractor as defined (the unincorporated Joint Venture). No novation or effective assignment transferred B+B's obligations to the Joint Venture, so those obligations never became due and performable by the Joint Venture; therefore Fujita was not liable under the Joint‑Venture Guarantee for liquidated damages flowing from B+B's defective performance. Costs ordered to follow the event (defendant successful).