11 Dec 1989
BANK OF INDIA v. BHAGWANDAS KEWALRAM MURJANI AND OTHERS
- Citation
- BANK OF INDIA v. BHAGWANDAS KEWALRAM MURJANI AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV94/1989
On the balance of probabilities the judge correctly rejected the asserted oral moratorium because contemporaneous documents and parties' conduct showed the US$3.8m was paid for release of mortgaged properties and no separate consideration or clear term supporting a moratorium existed; therefore no triable issue under O 14 r 3 was established and summary judgments were properly entered; Lawful (Holdings) Ltd's judgment must be qualified to limit liability qua trustee to trust assets.