21 Jan 1991
FAR EAST CONSORTIUM LTD v. AIREDALE LTD AND OTHERS
- Citation
- FAR EAST CONSORTIUM LTD v. AIREDALE LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCCT13/1990
There was no admissible evidence that Airedale, Shine and Boot reached a tripartite novation transferring the burdens of the sub-contract to Boot; the documentary record at best shows assignment of payment rights (benefits) and expressly or impliedly denies Boot as a contracting party (notably FEC's 31 August 1984 letter); accordingly the pleaded novation was untenable and the Third Party Statement of Claim was an abuse of process and properly struck out.