21 Feb 2012
FINANCIAL MARKETS AUTHORITY V HOTCHIN HC AK CIV 2010-404-8082
- Citation
- openlaw-39956de2_f0e4_4219_b608_c51720518cd1.pdf
- Court
- High Court
Court held that (1) s60H(1)(f) can encompass assets held by trustees on behalf of discretionary and final beneficiaries for preservation purposes and the associated persons pleading could not be struck out; (2) the pleaded claim that the trust deeds lacked intention to create trusts had no prospect of success as pleaded; (3) the sham pleading against KA4 could stand subject to proper amended particulars, but the sham pleading against KA3 disclosed no reasonable cause of action and was struck out; and (4) an equitable lease can create an interest in land and did not justify replacing the prese…