11 Aug 2010
SIA-FOX V JUBILEE MANAGEMENT LIMITED HC WN CIV-2010-454-377
- Citation
- openlaw-3a5ddcbe_986f_4dda_9348_8a260b72a4de.pdf
- Court
- High Court
Because the existence of a collateral agreement to defer settlement is a factual question not conclusively negated by the documentary record and because the Interim Settlement produced a factual matrix that tolled enforcement, the applicant has an arguable purchaser interest; accordingly the caveat must be sustained pending resolution at trial, notwithstanding that the liquidators effectively abandoned the Interim Settlement on 12 April 2010 and otherwise reverted to the second agreement.