9 May 2013
INSIGHT LEGAL TRUSTEE COMPANY LIMITED V STOKES & ORS COA CA511/2012
- Citation
- COA CA511/2012
- Court
- Court of Appeal
The Court of Appeal upheld the High Court finding that Mrs Colebrook signed the agreement in her capacity as trustee of the R M Colebrook Family Trust but set aside the broader judgment because there was insufficient pleaded case and evidence to sustain a finding that co-trustee Ms Carr retrospectively consented; the matter was remitted to the High Court to determine consent and, if necessary, entitlement to indemnity and equitable lien, with an amended statement of claim required.