19 Sept 2003
NETWELL PROPERTIES LTD v. JCG FINANCE CO LTD
- Citation
- NETWELL PROPERTIES LTD v. JCG FINANCE CO LTD
- Court
- Court of Appeal
- Case number
- CACV201/2002
The Order 14A procedure was fundamentally flawed in the circumstances because entitlement to subrogation and unjust enrichment depended on unresolved factual issues (notably the plaintiff's misrepresentation allegations and the enforceability of the JCG mortgage); therefore the summary procedure could not properly be used and the appeal was allowed with the matter remitted for trial determination.