The appellants, a bank and its assignee, appealed a trial judgment finding they improperly used the respondent developer's confidential business information during the assignment of a defaulted loan, causing a lost opportunity.
The Court of Appeal allowed the appeal, holding that the bank had an unqualified right to assign the debt.
Furthermore, the Court found that the trial judge erred in awarding damages based on a 'lost opportunity' theory that was neither pleaded nor supported by the evidence.
The cross-appeal by the respondent was dismissed, and the action against the appellants was dismissed in its entirety.
