22 Aug 2011
WESTPAC NEW ZEALAND LIMITED V CHAHIL & ORS HC AK CIV-2011-404-1612
- Citation
- openlaw-daa8ab84_b9c8_41fc_8756_9648864e5b6a.pdf
- Court
- High Court
The application for summary judgment was dismissed because it was arguable that clause 34 of the guarantee limited the second defendant's liability to the assets of the trusts and there remained a live issue (not resolved on the affidavits) about whether he was a beneficiary of the Chahil Family Trust; accordingly the plaintiff had not established the defendant had no defence.