30 Jul 2009
DAVOR ANTUNOVICH V WILLIAM DAVID ERNEST SPANHAKE HC WHA CIV 2009-488-000048
- Citation
- openlaw-f818c2b9_3e3a_4eb5_acfd_22c0595934be.pdf
- Court
- High Court
Defendant produced no evidence sufficient to raise an arguable equitable defence of diversion, misappropriation or breach by the plaintiff and had been aware of company affairs; absent such an arguable defence the equitable presumption of equal contribution applies. Summary judgment was therefore entered for half the sum paid, with interest at the prescribed rate and costs to the plaintiff.