14 Apr 2009
JACK AND ANOR V CARVER AND ORS HC AK CIV 2008-404-5610
- Citation
- openlaw-f38225da_86df_4009_aec6_6327e1b99997.pdf
- Court
- High Court
Documentary evidence (loan agreements, deed of guarantee, deed of acknowledgement and deed of assignment) established prima facie indebtedness; assignment to plaintiff and statutory/common law rights of a guarantor who pays entitled plaintiff to recover; defendants' asserted estoppel and oral agreement defences were not tenable against clear written instruments and affidavit evidence; plaintiffs demonstrated sufficient evidence of risk of dissipation and failure to disclose to justify continuation of the freezing order, so summary judgment and related relief were granted on causes 2, 3 and 4.