16 Mar 2004
PACIFIC DIGITAL TECHNOLOGY LTD v. UL TRAN TECHNOLOGY & SERVICE CO
- Citation
- PACIFIC DIGITAL TECHNOLOGY LTD v. UL TRAN TECHNOLOGY & SERVICE CO
- Court
- Court of First Instance
- Case number
- HCA4687/2002
The Court held that UL's Defence and Counterclaim amounted to acceptance of Pacific's repudiation (which in the Statement of Claim pleaded a total failure of consideration and rejection ab initio), and that acceptance of that rejection revested property in UL and restored its immediate right to possession; Pacific had no valid lien; accordingly UL was entitled to summary judgment for delivery up of the machines and Pacific's cross-appeal to adduce a late affirmation was dismissed.