24 Jun 2016
RD1 LIMITED v A P FLEMING AND C E FLEMING AS TRUSTEES OF THE COUNTRY SPIRIT TRUST [2016] NZHC 1395
- Citation
- [2016] NZHC 1395
- Court
- High Court
The Court found on objective evidence that RD1's invoice terms were incorporated by a long uneventful course of dealing and the defendants' conduct (including acknowledgment via a Farm Source card) demonstrated responsibility for payment; absent any agreement limiting personal liability the trustees are personally liable for the Trust's debts; the Bank's separate dealings do not create a triable issue for this claim and do not require joinder; accordingly summary judgment was appropriate for the principal debt, with contractual interest issues partly reserved and statutory interest applied as…