2 Feb 2011
LDC FINANCE LIMITED (IN RECEIVERSHIP) V FM CUSTODIANS LIMITED HC NEL CIV 2010-442-168
- Citation
- openlaw-bef70ffc_bbd8_4897_9e7d_c348b717eb95.pdf
- Court
- High Court
Summary judgment was dismissed because material factual questions remained about why Halifax Finance executed the 6 June deed on 26 June and why that deed was registered by FM Custodians' solicitors; those facts could affect whether the 14 June deed displaced the 6 June deed, so the claim could not be declared incapable of success as a matter of law without further evidence.