23 Aug 2005
RAJESHKUMAR NARESHCHANDRA KANTILAL t/a K.L. GEMS v. D.R.A. TRADING LTD
- Citation
- RAJESHKUMAR NARESHCHANDRA KANTILAL t/a K.L. GEMS v. D.R.A. TRADING LTD
- Court
- Court of First Instance
- Case number
- HCA4193/2003
The appeal was dismissed because the defendant produced no credible evidence of a trade custom of consignment or of defective goods (no corroboration or expert evidence), the invoices and parties' conduct showed sales not consignments, and there was no evidence DRA had negatived personal liability as agent; therefore unconditional leave to defend and security for costs were not justified.