20 Dec 2007
KB DEVELOPMENTS INC V YONG KEUN OH AND ANOR HC AK CIV 2006-404-002059
- Citation
- openlaw-eaa5c48e_5fa8_42a4_8e7d_fe6e6c991f4b.pdf
- Court
- High Court
On the balance of probabilities the Court found the plaintiff instructed the first defendant to forward the funds to Max Vision (Mr Saito). The executed basic agreement and surrounding conduct (knowledge that funds had been forwarded, lack of timely protest, amendments and correspondence referring to payment through Kenton Chambers to Max Vision, and the parties' continued negotiations) demonstrate the payment was intended for the Japanese lender and not to be held in trust for the plaintiff. Consequently the plaintiff failed to prove entitlement to repayment and the claims fail.