14 May 2008
BLOWS AND ANOR V MCDONALD AND ANOR HC AK CIV 2007-404-1050
- Citation
- openlaw-b824b771_ca9c_49d1_b9b7_6b59a6694920.pdf
- Court
- High Court
The Court granted leave to continue the proceeding under s 76 because the Official Assignee did not appear and continuation was appropriate to determine the compound interest claim; it found the defendant had used his position of influence such that the advances (less $60,000 repaid) were recoverable as arising from undue influence and struck out his defence, entering judgment for $260,000 and awarding compound interest at a rate 2.5% above the plaintiffs' bank overdraft from the times payments were made.