17 May 2000
SHENZHEN BAOMING CERAMICS CO LTD v. COMPANION-CHINA LTD
- Citation
- SHENZHEN BAOMING CERAMICS CO LTD v. COMPANION-CHINA LTD
- Court
- Court of Appeal
- Case number
- CACV93/2000
The court held that the written agreements, read as a whole, showed the Defendant contracted as the real and only principal, rendering extrinsic evidence of agency inadmissible; accordingly the agency defence did not raise a triable issue. However, because the Defendant asserted a substantial counterclaim arising from the same trading relationship, justice required entering judgment for the admitted sum while staying execution pending trial of the counterclaim and granting leave to defend the balance.