9 Jul 1996
ALLSON CLASSIC HOTEL (HK) LTD v. HARVEST STAR INTERNATIONAL LTD
- Citation
- ALLSON CLASSIC HOTEL (HK) LTD v. HARVEST STAR INTERNATIONAL LTD
- Court
- Court of Appeal
- Case number
- CACV6/1996
It was arguable that s.4(5)(a)'s phrase 'for the purposes of such proceedings only' is ambiguous and, read purposively to avoid absurdity, can be construed to deem a notice incomplete for the purposes of enforcing against the transferee the debts and obligations alleged in proceedings brought against the transferor; accordingly the amended claim disclosed a reasonable cause of action and joinder of the assignor as co-plaintiff was within the court's discretion; appeals dismissed and matters remitted to trial where necessary factual issues (including validity and timing of transfer) will be de…