16 Jul 1985
GUBERSKY, ELIZABETH BARKER v. HARRIS BOOK CO LTD
- Citation
- GUBERSKY, ELIZABETH BARKER v. HARRIS BOOK CO LTD
- Court
- District Court
- Case number
- DCCJ1277/1985
The plaintiff's pleaded case relied on a pre-incorporation contract without pleading a new post-incorporation contract or necessary particulars (including consideration); under established company law a company incorporated after the contract cannot adopt or ratify a pre-incorporation personal service contract and the later Companies Ordinance s.32A has no retrospective effect; because the pleadings were fundamentally defective and no post-incorporation contract was properly pleaded or sufficiently evidenced, the defendant had no case to answer and the action was discontinued; amendment was r…