4 Jul 2008
DE ALWIS AND ORS V CHEAN HC AK CIV 2007-404-005357
- Citation
- openlaw-c7eaf1d2_e42c_4238_90a7_4d16d1645f47.pdf
- Court
- High Court
The prior judgment by Courtney J on materially identical issues operated as issue estoppel against the defendant on the invalidity of allotments and the existence of the statutory trust; the defendant failed to adduce an evidential foundation to establish the proviso to s37(6) or to rebut knowledge of the statutory trust; accordingly the sixth plaintiff is entitled to summary judgment for $150,000 plus interest and the defendant is liable in knowing receipt for trust funds traced into her personal account amounting to at least NZD 573,195.49, with directions for further evidence to determine…