Read the full judgment text of FACV 000016/2001 on BabelCite. This FACV judgment was delivered on 4 December 2002.
1. I agree with the conclusion to which Mr Justice Litton NPJ has come, and I think that it is a conclusion which can be reached by the route which he has taken, namely collateral contract. But as Lord Moulton famously said in Heilbut, Symons & Co. v. Buckleton [1913] AC 30 at p.47 and the Privy Council repeated in Universal Dockyard Ltd v. Trinity General Insurance Co. Ltd [1989] 2 HKLR 160 at p.164, collateral contracts are "viewed with suspicion by the law". I have therefore applied my mind t
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