ACTIVE PROFIT LIMITED v NISSHO IWAI HONG KONG CORPORATION LIMITED (now known as SOJITZ (HONG KONG) LIMITED)

Read the full judgment text of FACV 000026/2005 on BabelCite. This FACV judgment was delivered on 5 October 2006.

1. At the conclusion of the hearing we announced that, for reasons to be handed down later, the appeal was dismissed.  Upon counsel for the appellant accepting that he could not resist costs, we announced that the dismissal of the appeal would be with costs.  So the respondents have their costs here and in the courts below.  We now hand down our reasons for dismissing the appeal.  They are given by Lord Scott of Foscote NPJ for the Court.