23 Aug 2011
MANUKAMED INVESTORS V SALEM HONEY LIMITED PARTNERSHIP HC MAS CIV-2010-435-241
- Citation
- openlaw-c98b9266_ac4a_49ed_a261_d6af57ba5958.pdf
- Court
- High Court
Summary judgment was declined because the defendants have reasonably arguable defences: it is reasonably arguable that the joint venture lacked proper authority to commence proceedings due to disputed compliance with board quorum and notice provisions (invalid supplementary meeting of 21 October 2010), and there are unresolved factual and legal issues about whether the loan was ever disbursed to the joint venture or ratified/novated, and whether equitable set-offs exist; these issues cannot be resolved on summary judgment.