The defendant had borrowed money from the plaintiff, and a director made an oral promiose not to seek repayment until the defendant could afford it. The claimant went into liquidation.
Held: The defence was incredible and had no prospect of success.
Citations:
[1998] EWCA Civ 1258
Jurisdiction:
England and Wales
Citing:
Cited – Alpine Bulk Transport Co Inc v Saudi Eagle Shipping Co Inc The ‘Saudi Eagle’ CA 1986
The defendants, believing that they had no assets, deliberately allowed an interlocutory judgment for damages to be assessed to be entered against them by default, and only after damages had been assessed and final judgment entered, realising that . .
Lists of cited by and citing cases may be incomplete.
Contract, Insolvency
Updated: 23 November 2022; Ref: scu.144737