24 Oct 2008
DORCHESTER FINANCE LIMITED V GIBBSTON HOTEL LIMITED AND ORS HC INV CIV 2008 425 227
- Citation
- openlaw-3ddb8187_f5e2_4389_ab66_5f93f1360517.pdf
- Court
- High Court
The court held there was no legally sustainable set-off because the plaintiff acted within its contractual rights as mortgagee when contacting agents, the defendant produced no evidential foundation for alleged losses, and the guarantee expressly barred set-off; the alleged affidavit and pleading irregularities were immaterial and did not defeat summary judgment, therefore judgment was properly entered for the plaintiff.