22 May 2013
GOODWIN V ROCKET SURGERY LIMITED COA CA748/2012
- Citation
- COA CA748/2012
- Court
- Court of Appeal
Summary judgment was inappropriate because material and fundamental factual conflicts existed about whether a trust or contract was created and about the terms; RSL's amended pleading alleging a trust did not establish the necessary elements of an express trust and the alternatives of constructive or resulting trust were not available on the pleaded facts, therefore the High Court's summary judgment and consequential orders were set aside.