25 Aug 2010
HUNT & HUNT V MACARTNEY AND ORS HC AK CIV 2010-404-001881
- Citation
- openlaw-0fa9e5c0_c710_4a60_a6e4_d99dcbef09d9.pdf
- Court
- High Court
The strike-out application was dismissed because (1) discoverability under s43(5) is a factual question not suitable for summary determination and the pleadings can be amended to plead when loss was discovered or ought to have been discovered; and (2) whether the defendants were "in trade" in the one-off share sale is a question of fact and cannot be determined on strike out where facts are disputed.