4 Feb 2009
JEFFREY & ORS V JEFFREY & ORS HC HAM CIV 2008-419-000921
- Citation
- openlaw-91d2f7fe_7d96_4b6e_9e6e_94f83cdac1e6.pdf
- Court
- High Court
The plaintiff failed to discharge the onus for summary judgment because the material did not demonstrate the defendants had no real defence or a specific breach of duty; the will conferred extensive discretionary powers on the trustees (including sale and allocation powers) and issues of interpretation and practical difficulty (eg partition/subdivision) require further factual and legal inquiry; accordingly summary judgment is inappropriate and the proceeding must continue on the standard track.