19 Mar 2002
TOWNEARN INDUSTRIAL LTD. v. GOLDEN GLOBE HOLDINGS LTD.
- Citation
- TOWNEARN INDUSTRIAL LTD. v. GOLDEN GLOBE HOLDINGS LTD.
- Court
- Court of First Instance
- Case number
- HCA10357/2000
The cheque was issued by the defendant as a payment guarantee and was supported by sufficient consideration (inspection certificates and shipment); the defendant's factual defences (gesture of good faith, total failure of consideration) are bound to fail on the evidence; the purported deed of assignment is invalid and ineffective to support the defendant's counterclaim because it does not assign the relevant contracts, is not pleaded as an absolute assignment and no notice is pleaded; the asserted counterclaim (even if assigned) arises from separate and distinct transactions and cannot be set…