24 Jul 2009
SB PROPERTIES LIMITED (IN LIQUIDATION) V HOLDGATE AND ANOR CA CA453/2008
- Citation
- openlaw-b7f94bae_bab3_4e5e_90a5_ad0d85c1fbac.pdf
- Court
- Court of Appeal
Section 11(1) CRA permits an assignee to be sued for breaches of the assignor subject to the statutory cap in s11(2); s11(2) limits the assignee's liability to the objective value by which the assignee was enriched by performance of the assigned contract (the value to the assignee), and where the assignee derived no benefit from the assignment his liability is nil; further, the appellant's purported termination was invalid for failure to give the contractual five working day notice, so no foundation existed for the damages claim and the proof of debt was properly expunged on review under s89(…