26 Mar 1985
SANDY INVESTMENT LIMITED v. THIAM JOO (HK) LIMITED
- Citation
- SANDY INVESTMENT LIMITED v. THIAM JOO (HK) LIMITED
- Court
- Court of First Instance
- Case number
- HCA5338/1984
Paragraphs 1 and 3 of the Settlement Agreement unambiguously create concurrent and strict obligations: the 2nd defendant "shall pay" US$300,000 and the 1st defendant "shall pay" the instalments on fixed dates; the words "shall cause" impose an obligation on the 2nd and 3rd defendants to ensure payment by the 1st defendant. No condition precedent or secondary-only liability for the 1st defendant is to be implied; consequently the Masters' grants of unconditional leave to defend were wrong and are set aside.