25 Oct 2002
TOWNEARN INDUSTRIAL LTD. v. GOLDEN GLOBE HOLDINGS LTD.
- Citation
- TOWNEARN INDUSTRIAL LTD. v. GOLDEN GLOBE HOLDINGS LTD.
- Court
- Court of Appeal
- Case number
- CACV205/2002
The Court held there was an arguable case that the post-dated cheque was conditional and therefore it was inappropriate to deprive the defendant of the opportunity to defend; the set-off and counterclaim were sufficiently closely connected to the plaintiff's claims that, in the interests of justice, the defendant should be permitted to set off and pursue its counterclaim; the Judge's summary determination on the validity of the assignment under Order 14A was premature and was set aside; accordingly judgment on the cheque was set aside, the defendant given unconditional leave to defend, set-of…