20 Jul 2010
ALLIED FARMERS INVESTMENTS LIMITED V ELGIN INVESTMENTS LIMITED (IN RECEIVERSHIP) AND ORS HC CHCH CIV 2010 409 520
- Citation
- openlaw-328c6ffb_7f68_4849_8b60_752e803f8d0a.pdf
- Court
- High Court
Amendment to pleadings was permitted; the guarantors remained liable as pleaded and had agreed to variations; contractual clauses in the loan agreement and deeds of guarantee unambiguously excluded set-off and counterclaim except to the extent "required by law"; the asserted equitable set-off based on an independent Five Mile loan was not sufficiently interdependent or arguable and therefore did not prevent summary judgment; consequently summary judgment was entered for plaintiff and the statutory demand was not set aside.