27 Sept 2010
FONG AND CHONG V WONG AND FONG SC 75/2010
- Citation
- FONG AND CHONG V WONG AND FONG SC 75/2010
- Court
- Supreme Court
Leave to appeal was dismissed because the proposed trustee‑capacity argument was unsustainable and would subvert s 149, the new factual argument about information available to the valuer was impermissible as raised for the first time on appeal, and the contention about equivalence of 'fair value' and 'fair market value' could not properly be argued on a new basis contrary to how the case was conducted below; consequently the Court affirmed that s 149 applied and decline to grant leave.