4 Jul 2006
W.F. DU PLESSIS AND C. DU PLESSIS V BAKER AND ANOR HC CHCH CIV-2005-412-713
- Citation
- openlaw-833191b9_e4d2_4bd1_94b4_baf22ff70a54.pdf
- Court
- High Court
The strike out application was dismissed because the amended statement of claim sufficiently pleaded mutual promises forming consideration and a tenable cause of action against the first defendant who undertook to arrange matters through his control of the second defendant and O'Neill; the Contracts Enforcement Act 1956 did not render the pleading unenforceable because the claim is not pleaded as a guarantee to answer for a third party's debt; a fiduciary duty was tenably pleaded given the plaintiffs' vulnerability and the first defendant's dominant role; third party discovery from ASB and LI…