15 Mar 2010
ZHANG QIYUN v. SHUN SHING CONSTRUCTION & ENGINEERING CO LTD
- Citation
- ZHANG QIYUN v. SHUN SHING CONSTRUCTION & ENGINEERING CO LTD
- Court
- Court of First Instance
- Case number
- HCA1155/2007
Clause 14 of the Project Management Agreement prohibiting assignment without written consent precluded the purported assignment to Mr Zhang; the consent of the defendant was not obtained; the assignment was therefore ineffective at law, Mr Zhang had no locus standi to continue the proceedings, and the action was struck out. The court also held that if the assignment had been effective the assignee would have been bound by the arbitration clause and the proceedings would have been stayed and referred to arbitration.