21 Nov 2006
SABA YACHTS LIMITED V FISH PACIFIC LTD & ANOR AND ANOR HC AK CIV 2006-404-0441
- Citation
- openlaw-8d1a39f6_c762_48a2_bdbd_101f5f40d777.pdf
- Court
- High Court
Section 182 must be read in accordance with the Companies Act definition of 'company' (i.e. a company registered under the Act); it does not extend to overseas companies absent express provision. Accordingly Fish Pacific could not effectively ratify the pre-incorporation contract and had no contractual claim. The change of position defence to Mr Anae's restitution claim failed because Saba Yachts commissioned drawings that did not conform to the agreed specification and failed to prove payment of the subcontractor invoice; it therefore must make restitution to Mr Anae.