4 Nov 2005
SHAON LAL HIRANAND AND OTHERS v. PADMA HARI HARILELA AND ANOTHER
- Citation
- SHAON LAL HIRANAND AND OTHERS v. PADMA HARI HARILELA AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA2401/2004
The claim was not plainly unsustainable: it was arguable that the $6,000,000 was held on a Quistclose-type trust or equivalent with the Hiranand children as contingent but ascertainable beneficiaries capable of enforcing preservation of the fund, and that communication rendered the trust irrevocable; accordingly the summary strike-out under O 18 r 19 was inappropriate.