5 May 2009
R CARLSON-TURNWALD AND ANOR AS TRUSTEES AND EXECUTORS OF THE ESTATE OF RS CARLSON V K WALLING HC HAM CIV 2008-419-1094
- Citation
- openlaw-34237752_03ba_4826_95ac_20c6eb7505d2.pdf
- Court
- High Court
Leave to appeal was granted because the identified questions of law could substantially affect the parties' rights, the applicants demonstrated strongly arguable legal error on core issues (formation, essential terms, assignment and notice), and the application was not time barred given clause 34(n) did not plainly require written notice within 30 days; on balance the Court exercised its discretion to allow the appeal.