11 Feb 2014
TIMMERTON COMPANY INC v. EQUITY TRUSTEE LTD AND ANOTHER
- Citation
- TIMMERTON COMPANY INC v. EQUITY TRUSTEE LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA2167/2012
The court held that the plaintiff has demonstrated a good arguable case and a serious issue to be tried that the defendants received trust assets with knowledge amounting to knowing receipt/constructive trust, and given the uncertainty in the law on the scope of limitation defences under section 20, the defendants failed to show there is no serious issue to be tried; therefore the application to set aside the leave to serve out is dismissed.