4 Apr 2013
GILLESPIE V GUEST HC AK CIV-2011-404-1629
- Citation
- openlaw-bc6d81d5_a217_4924_ac1a_8f6156559ecf.pdf
- Court
- High Court
Defendant failed to establish as a matter of law and on uncontested facts that he was a trustee entitled to rely conclusively on the trust deed's limitation and indemnity clauses and that the claims necessarily fall outside the irreducible core; factual disputes (appointment, capacity in which defendant acted) and the narrow construction of exclusion clauses mean the proceeding is not bound to fail and strike-out must be dismissed; plaintiffs given leave to reply and pursue further discovery.