25 Aug 2010
HOLMES CAPITAL LIMITED V MARRA HC AK CIV-2009-463-822
- Citation
- openlaw-e868aa26_3596_4a50_9079_253101d7c875.pdf
- Court
- High Court
Because there was a bona fide dispute of fact as to whether the plaintiff was the true creditor and whether there was honest belief in a genuine claim (hence whether consideration supported the compromise), summary judgment was inappropriate and must be dismissed to allow trial of the issue.