28 Nov 2012
HANS-JUERGEN BOEWE v. ROLAND JOHN JEANS AND ANOTHER
- Citation
- HANS-JUERGEN BOEWE v. ROLAND JOHN JEANS AND ANOTHER
- Court
- District Court
- Case number
- DCCJ3389/2005
On the pleadings and available evidence the court found the re-amended statement of claim disclosed triable causes of action: prima facie the plaintiffs were not shareholders as pleaded, there was a sufficiently pleaded total failure of consideration, a cause of action for wrongful conversion/misappropriation was adequately pleaded, and the facts as pleaded supported a resulting/Quistclose/constructive trust claim against the 2nd defendant. The retainer letter and draft shareholders agreement did not, on the material before the court, meet the high threshold for striking out under Order 18 Ru…