4 Apr 2012
TRUSTEES EXECUTORS LIMITED & ORS V TRUSTEES EXECUTORS LIMITED HC WN CIV-2011-404-4418
- Citation
- openlaw-bf44eddc_57ed_43b5_a29c_35f1525f4dfd.pdf
- Court
- High Court
Summary judgment was refused because genuine factual disputes exist as to whether the defendant retained an oversight/gatekeeper duty and whether that duty was breached to a degree amounting to gross negligence, and because the limitation and agency defences under s 43(5) FTA and imputed knowledge are not so clear as to warrant a strike-out; the plaintiffs have an arguable case that requires full trial assessment.
- Gross negligence
- Misleading and deceptive conduct (fair trading act 1986 s 9)
- Limitation period (s 43(5) fta)
- Agency and delegation of duties
- Lender's mortgage insurance (lmi)
- Summary judgment procedure