19 Dec 2016
ASGAIN CO LTD v. CHENG KA YAN
- Citation
- ASGAIN CO LTD v. CHENG KA YAN
- Court
- District Court
- Case number
- DCCJ81/2014
The court found the Defendant failed to prove payment of $750,000 to the Plaintiff; only $67,000 was proven as part payment. There was no factual agreement between the parties to treat payment as made (no mutual adoption of the Receipt Clauses) and the Defendant made part payments after the Assignment, so contractual estoppel and s.18(1) do not bar the Plaintiff's claim. Judgment for Plaintiff for the unpaid balance of $683,000 with interest and costs was entered.