10 Jun 2009
EDWARDS V PROPRIUS HOLDINGS LTD AND ORS HC AK CIV 2005-404-407
- Citation
- openlaw-dbd74317_9d4c_47e4_8128_58bf651cab19.pdf
- Court
- High Court
The court held that Mr Gitmans had personally entered into the contracts and is personally liable (and liable as trustee) without limitation to trust assets; Mr Garnett and Mr Graham did not enter into, sanction or ratify the contracts and, despite being deemed to admit the Trust's liability, are liable only in their capacity as trustees and only to the assets of the Trust; r 161 did not convert the pleaded Trust liability into personal liability for those two trustees; contribution is to be apportioned so that the Trust's liability is 50% of the judgment amount.