30 May 2007
SB V C M M & ASSOCIATES LTD AND ANOR HC AK CIV2006-404-6432
- Citation
- openlaw-96e51c56_9612_4322_9880_f9e7aa69aa78.pdf
- Court
- High Court
On an objective reading of the brokerage agreement acceptance of a loan introduced by C M M could trigger liability for brokerage fees and the agreement expressly authorised registration of a mortgage to secure fees; because disputed factual matters about the parties' discussions and intentions could affect interpretation and enforcement, it was arguable that C M M had an equitable interest supporting the caveat, so monies held in trust must remain until final determination.