12 Apr 1990
BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION v. GRAHAM HARRY FOUNTAIN
- Citation
- BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION v. GRAHAM HARRY FOUNTAIN
- Court
- Court of Appeal
- Case number
- CACV156/1989
The Court allowed the appeal to set aside the default summary judgment because the defendant's "premature writ" defence had a real prospect of success on the evidence and the plaintiff's inaccurate notice of assignment materially induced delay so that prejudice could not be attributed mainly to the defendant; merits therefore outweighed delay and the judgment entered 4 February 1985 was set aside.