26 Apr 2010
HENDERSON & ANOR V HENDERSON & ORS HC AK CIV 2009-404-005557
- Citation
- openlaw-293b585f_2524_4a08_ac89_88c79a50213a.pdf
- Court
- High Court
The court found no credible evidential basis that the loan was an extension of the 2003 family deed and therefore granted summary judgment against D S Henderson and Shed 21 for the outstanding AUD 1,184,277 with contractual interest and solicitor-and-client costs; however A C Sandlant raised arguable defences based on interpretation, rectification and estoppel that required full trial discovery and cross-examination, so summary judgment against him was dismissed and further procedural directions were ordered.