9 Sept 2011
SCANTLEBURY V PINNY HC AK CIV 2010-470-000723
- Citation
- openlaw-1e4e86c8_2d5a_41ae_9d11_2128c1f4e709.pdf
- Court
- High Court
The heads of agreement, properly interpreted, imposed a personal obligation on the defendant to repay 50% of the acquisition costs; the presumption of personal liability of a contracting trustee was not displaced by the document; the loan fell due within the initial one year term (or on its expiry) and plaintiff established no defence to core claim; summary judgment entered for plaintiff for $238,000 with specified interest; additional claimed costs were not to an indisputable amount and summary judgment was refused for those items.