1 Mar 2013
RONALD JOHN ZWARST, LISA TRACY ZWARST AND CHRISTOPHER JOHN SAXTON V DAVID ANTHONY SAXTON HC GRY CIV-2012-418-000085
- Citation
- openlaw-ea675d11_c90b_4b59_b63a_9743e9a55b8e.pdf
- Court
- High Court
The defendant has no arguable defence: the prior High Court caveat judgment estops the defendant on the limitation point and explained delay; the evidence (including defendant's prior affidavits and cross-examination) establishes the existence and authenticity of the 2001 agreements and that they are enforceable; other defences (non est factum, frustration, trust non-existence, uncompleted gift, trustee consent, disclosure) are not tenable as a matter of fact or law; summary judgment for specific performance is therefore appropriate.