26 Jul 2010
WILTSHIRE INVESTMENTS LTD V R M SYMONS AND ANOR HC AK CIV-2010-404-001011
- Citation
- openlaw-91b10517_74d7_408e_9564_3a6e99dc40cc.pdf
- Court
- High Court
Wiltshire Investments, as valid assignee of ASB Bank’s rights, is entitled to enforce the guarantees; the defendants produced no admissible or sufficient evidence of a defence based on assurances, estoppel, lack of consideration or improper settlement; lack of proved demand on the trustees for the Fibroin debt precludes summary judgment on that point; accordingly summary judgment was granted in part for the plaintiff for specified sums and refused in part as to the Fibroin claim against the trustees.