3 May 2012
COMFORTPLUS LIMITED (IN LIQUIDATION) V PORTSMOUTH INVESTMENTS LIMITED (IN LIQUIDATION) HC CHCH CIV-2010-409-002043
- Citation
- openlaw-a8f34ed2_26b8_4462_a974_26dd7210955d.pdf
- Court
- High Court
The knowing/dishonest assistance cause of action against Kotzikas was struck out because plaintiffs could not establish the necessary trust or fiduciary relationship and breach by the trustee that would render Kotzikas's assistance actionable; however the application for summary judgment/strike out in respect of the conspiracy by unlawful means claim was dismissed because there remained genuine issues of fact—notably knowledge, dishonesty, intention and causation—that are unsuitable for summary disposal and require trial.