25 Apr 2014
FBC CONSTRUCTION CO LTD v. BEN LEE also known as LEE PING, BEN
- Citation
- FBC CONSTRUCTION CO LTD v. BEN LEE also known as LEE PING, BEN
- Court
- Court of Appeal
- Case number
- CACV160/2011
The Court of Appeal upheld the trial judge's factual findings that BIC failed to prove the payments were loans or that NL was the source of the funds, rejected BIC's restitution claim because the plaintiff did not establish the basis/purpose of the payments that had failed (required unjust factor/failed consideration), and affirmed the exclusion of late evidence and refusal of late discovery as proper case-management exercises; consequentially the appeals were dismissed and the costs position was resolved by the court in light of culpable conduct on both sides.