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1975 MarsdenLR 366

AV WINSLOW
RAYMOND BANHAM – Appellant
Versus
CONSOLIDATED HOTELS LTD – Respondent


Advocates:
For the plaintiffs - CS Wu; M/s. Donaldson & Burkinshaw For the defendants - Robert Hsieh; M/s. Boswell Hsieh & Lim

JUDGMENT

AV Winslow J:

The validity of the plaintiffs' claim against the defendants, for professional services rendered, in the sum of $106,250 being 85% of the value of work completed by them upon a quantum meruit basis is challenged by the defendants on a number of grounds, the chief one of which is that the contract upon which the claim is based is an illegal one and therefore unenforceable.

The plaintiffs claim is made by them under O. XV r. 12(1) in a representative capacity as partners of the firm of J Roger Preston and Partners, a firm of Consulting Mechanical and Electrical Engineers practising in Hong Kong and to dispose of an objection raised against the claim on the ground that the plaintiffs were not parties to the said contract and that accordingly have no cause of action I would hold that I am satisfied on the evidence that they properly appear in a representative capacity on behalf of the whole firm of J Roger Preston & Partners of whom they themselves are now partners and that they had been so authorized to represent the partnership, at least by two of the partners from London who paid a visit to Hong Kong in connection with the funeral of Mr. JN Buss, senior partn

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