4 Mar 2004
MURRAY ALASTAIR ELLIOT v. HEALTHY LIVING PRODUCTS INTERNATIONAL LTD AND OTHERS
- Citation
- MURRAY ALASTAIR ELLIOT v. HEALTHY LIVING PRODUCTS INTERNATIONAL LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA3202/2003
The court refused summary judgment and granted conditional leave to the defendants to defend because the defendants' allegations of a third party beneficial interest, while shadowy and lacking contemporaneous documentary support, were not shown to be so incredible or contradicted as to be a sham; alleged conditional agreement was unbelievable and superseded by clause 31; clause 35 did not in itself bar specific performance. Leave to defend was granted on condition that the defendants pay into court the deposits totalling $883,000 within 14 days; costs of the summons to be in the cause.