31 Jul 2007
YANG V KO AND ANOR HC AK CIV 2005-404-4583
- Citation
- openlaw-fa484109_0ee8_4419_b3a4_cf4cc0ad8d85.pdf
- Court
- High Court
Summary judgment was neither fraudulently nor improperly obtained because the plaintiff honestly believed the Bond of Debt/Deed of Indebtedness reflected the true agreement and there was no live issue of personal liability warranting disclosure of the Investment Agreement; counsel's attendance without leave and without instructions did not constitute an appearance under r143; and the alleged defence that the loan was to the company has no realistic prospect of success given the defendant's conduct and failure to raise the point earlier, so there is no miscarriage of justice.