28 May 2012
PHONEYORK CO LTD v. CHESSON INTERNATIONAL (HOLDINGS) LTD
- Citation
- PHONEYORK CO LTD v. CHESSON INTERNATIONAL (HOLDINGS) LTD
- Court
- Court of First Instance
- Case number
- HCA2192/2007
The court found on the balance of probabilities that the third party, acting as agent of the vendor, made a Sincerity Representation and that contemporaneous documents (the Explanatory Memorandum and endorsement on the cheque) showed the SPA and the cheque were intended to be conditional and not immediately legally operative; accordingly the SPA was not intended to be legally binding, the cheque was delivered conditionally and defendant was not liable on the cheque; parol evidence did not bar proof of conditional delivery under s21 BEO.