24 Feb 2010
AI NEE CHEAN V HERALD VICTOR DE ALWIS AND ORS CA CA458/2008
- Citation
- openlaw-0c4754bc_410e_425a_a4c5_76ad1508db30.pdf
- Court
- Court of Appeal
Issue estoppel applied to preclude relitigation of Courtney J's findings that the offers were to the public and void without a registered prospectus; appellant was a director when repayment liability under s 37(6) arose so summary judgment for the sixth respondent was upheld; insufficient evidential foundation existed to make out the proviso defence or to conclude appellant had the requisite knowledge for knowing receipt, so summary judgment against other respondents was set aside and trial ordered.