11 May 2007
BANK OF CHINA (HONG KONG) LTD v. COSAN LTD AND OTHERS
- Citation
- BANK OF CHINA (HONG KONG) LTD v. COSAN LTD AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV331/2006
The Court held the judge was entitled to reject the alleged settlement as wholly incredible on the totality of contemporaneous documentary evidence and inconsistent versions given by the defendant, and even if an agreement had been alleged it would be legally ineffective for want of consideration under Foakes v Beer and Selectmove; accordingly there was no triable defence and the appeal was dismissed.