26 Feb 2007
MUSUKU V DRIVE HOLDINGS LIMITED HC AK CIV 2006-404-005045
- Citation
- openlaw-347fd41a_ab0d_4b27_9566_85face6d79d7.pdf
- Court
- High Court
Summary judgment against the appellant was correct because the respondent established there was no arguable defence: issue estoppel barred the appellant, who controlled Mission Bay, from relitigating the lease termination date and quantum determined against Mission Bay; a counterclaim by Mission Bay is not a defence or set-off available to the appellant; sufficient affidavit evidence supported the sums claimed; and there was no proper exercise of discretion to refuse summary judgment.