19 Aug 2010
ELLISON V SCOTT HC TAU CIV-2009-470-1153
- Citation
- openlaw-2a7cdc04_2e09_4361_b7af_a904764d8af4.pdf
- Court
- High Court
The High Court held the purchaser contracted with the named legal owners (the individual trustees) not a separate fictitious trust entity; trustees contracting are personally liable and, absent express contractual limitation, the vendor warranties (including clause 6.2(5)) are enforceable against the trustees jointly and severally; accordingly the claim could potentially succeed and summary judgment in favour of the respondent was set aside.