9 Nov 2012
HODGKINSON V HOLMES AND HALCROW AS ADMINISTRATIONS OF THE ESTATE OF THE LATE DAWN DESIREE UNDERWOOD HC AK CIV 2012-404-3635
- Citation
- openlaw-261ae3f8_0242_417b_8683_99eb3e5e783e.pdf
- Court
- High Court
The High Court allowed the appeal because the affidavit evidence relied on to justify striking out the Family Protection Act and s49 claims did not meet the requisite threshold; material factual disputes existed about whether a final distribution had in fact occurred on 10 December 2010 and those disputes required testing and cross‑examination, so the strike‑out was premature and the Family Court orders were set aside and the matters remitted for hearing.