24 Apr 2007
BURMEISTER V O'BRIEN & ORS HC TAU CIV 2005-470-396
- Citation
- openlaw-e36ea3ff_b881_45f7_ae77_e7e8ddc4985f.pdf
- Court
- High Court
On the evidence before the Court the third defendant demonstrated the plaintiffs have no arguable basis to prove she had actual or imputed knowledge of the fraud or of a buy-back arrangement; inferences urged by plaintiffs are speculative and not the natural inference from documents and expert file review; knowledge of co-trustees or the solicitor cannot be imputed to her in the circumstances; accordingly plaintiffs' first, third and fourth causes of action against the third defendant cannot succeed and judgment is entered for the third defendant.