20 Oct 2000
DARYL MARK O\'SHAUGHNESSY v. DAVID WILLIAM GUNSON
- Citation
- DARYL MARK O\'SHAUGHNESSY v. DAVID WILLIAM GUNSON
- Court
- Court of First Instance
- Case number
- HCA9218/1999
The court refused final judgment under O.14 r.1 and granted unconditional leave to the 1st Defendant to defend because there is no direct evidence of criminal acts and material triable issues exist as to whether the 1st Defendant is personally liable; the unexplained non‑payment, while suspicious, does not justify drawing the inference of theft at interlocutory stage; accordingly the Defence should not be struck out and leave to amend is appropriate.