22 Apr 2013
WEST HARBOUR HLDGS LTD V TAMIHERE HC AK CIV 2012-404-004474
- Citation
- openlaw-50c6993c_93c1_42f9_a84d_9c1612618527.pdf
- Court
- High Court
Because there were genuine, material disputes of fact as to who made the advance, the amount advanced, the terms of any loan including interest, and who is entitled to the benefit of any judgment (raising the prospect of interpleader), summary judgment was inappropriate and must be refused so the matters can be resolved at trial or by interpleader.