25 Sept 2002
JCG FINANCE CO. LTD. v. GROUP LIFE INVESTMENT LTD. AND ANOTHER
- Citation
- JCG FINANCE CO. LTD. v. GROUP LIFE INVESTMENT LTD. AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV221/2002
On the evidence the plaintiff had not established that conditions precedent in the Deed (including enforcement against primary debtors and the Jinlong Building mortgage) had been satisfied; there was a substantial question as to whether the 2nd defendant's liability was secondary (guarantee) and whether the plaintiff's dealings discharged the 2nd defendant; accordingly the 2nd defendant raised a credible defence and must be granted unconditional leave to defend; the plaintiff's appeal is dismissed.