26 Feb 1982
KOMAIA DECCOF AND CO SA AND OTHERS v. PERUSAHAAN PERTAMBANGAN MINYIK DAN GAS BUMI NEGARA
- Citation
- KOMAIA DECCOF AND CO SA AND OTHERS v. PERUSAHAAN PERTAMBANGAN MINYIK DAN GAS BUMI NEGARA
- Court
- Court of Appeal
- Case number
- CACV8/1981
The Court held that plaintiffs had a good arguable case that they carried on the relevant trading from Hong Kong and that, applying the correct three-stage approach, defendants had not discharged the burden of proving an implied term that payment was to be made elsewhere; accordingly there was a good arguable case that breach (failure to pay) occurred within the jurisdiction and the interlocutory order striking out the oral-contract claims was set aside.