29 Jun 2009
WU YI CONSTRUCTION CO LTD v. BIG ISLAND ASIA LTD
- Citation
- WU YI CONSTRUCTION CO LTD v. BIG ISLAND ASIA LTD
- Court
- Court of First Instance
- Case number
- HCA2134/2005
The pleadings disclosed no reasonable cause of action because the payments were made to the company's account, there was no pleaded or evidential basis that the defendant owed a 40% contribution liability (no agreement or articles imposed such liability), the alleged contribution was not a common demand enabling a contribution claim, and restitution was unavailable because the defendant was not shown to be liable or that the plaintiff was compelled to pay; accordingly the re-amended statement of claim and particulars were struck out and the claim dismissed.