10 Jan 2006
WINLAND FINANCE LTD v. PROFIT FINE LTD AND ANOTHER
- Citation
- WINLAND FINANCE LTD v. PROFIT FINE LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA1045/2005
The court held as a matter of construction that the old people\'s home fell within the ordinary meaning of \"boarding house\" in Clause 4(n) and thus prima facie breached the DMC; Winland prima facie has locus to sue as mortgagee; however there are triable issues of estoppel/acquiescence by Winland (and factual issues on knowledge and consent by the owners incorporation and Unicon\'s role), and given lack of evidence on loss and the court\'s discretion under Shelfer the summary judgment application must be dismissed and the defendants granted leave to defend.