6 Aug 2008
VILLAGE LIFESTYLES LTD V JEE HING LEE HC AK CIV 2008-404-001639
- Citation
- openlaw-06a4b063_0ee2_4953_97a4_21587959f136.pdf
- Court
- High Court
Court held plaintiff had standing: the nomination combined with conduct and s4 Contracts (Privity) Act meant the nominee's rights could be enforced; the assignment to plaintiff was valid and took effect from notice (11 January 2008) after consideration was paid, so plaintiff could sue. However, the defendant raised a tenable factual defence (alleged forgery/existence of an earlier agreement and disputed alterations) that could not be resolved on affidavits alone; accordingly the summary judgment application was adjourned to permit forensic handwriting examination and further hearing.