17 Nov 2004
BRILLIANT (MAN SAU) ENGINEERING LTD v. PROSPERITY CONSTRUCTION AND DECORATION LIMITED AND ANOTHER
- Citation
- BRILLIANT (MAN SAU) ENGINEERING LTD v. PROSPERITY CONSTRUCTION AND DECORATION LIMITED AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCCT38/2004
The Letter on its true construction is a sub-contract and not an assignment; even if it could be read as an assignment the SSC expressly prohibited assignment so any assignment would be ineffective; Master Wong's prior determination that the Letter was a sub-contract is binding and precludes Brilliant from relitigating that issue; the pleaded new oral causes are inadequately particularised and allegations in respect of Sum B are barred by issue estoppel, therefore the parts of the RASOC based on assignment and specified paragraphs must be struck out and the amendment application dismissed wit…