16 Jan 2006
TEAM BARRY AND ORS V TUA AND ORS HC AK CIV.2003-404-5593
- Citation
- openlaw-a667d6aa_40a9_486d_9a47_645161d5dc29.pdf
- Court
- High Court
The trustees' application to remove the caveat was dismissed because substantial disputes remained about the provenance, quantum and status (loan or otherwise) of funds applied to O'Neills Avenue, and about the trustees' knowledge such that a constructive trust could not be dismissed on interlocutory evidence; prior interlocutory orders requiring fight proceeds to be held were rescinded because the plaintiffs accepted the Exclusive Management Agreement ended on 10 October 2003; applications for sanctions for breach of those orders were dismissed accordingly; directions were given for re‑plead…