30 Sept 2011
FALLS ROAD PROPERTIES LTD V FLETCHER HC WHA CIV-2010-488-000604
- Citation
- openlaw-743f4a0a_95a4_47f6_9a15_8d53130040ee.pdf
- Court
- High Court
Falls Road is entitled to summary judgment because Fletcher Trust had no arguable equitable set-off against the $625,000: the claims are not interdependent in the required equitable set-off sense, there is no identity of parties with the contracting party (the Hulls), and there are no exceptional grounds to lift the corporate veil; therefore retention by Fletcher Trust would be unjust enrichment.