30 Sept 2011
RS LITTLE & ORS V AEG JULL HC NAP CIV-2010-441-713
- Citation
- openlaw-dccbcdd6_933c_4dcf_97f8_2fa0299ec406.pdf
- Court
- High Court
The Court refused to strike out the proceedings or grant summary judgment. Procedural defects in the initial pleadings were cured by the second amended claim under r1.5 and the claim was properly commenced; the limitation defence was not established on the material before the Court; the question whether s37(6) applies to directors who resigned before the repayment obligation arose was a live question of law not suitable for summary disposal and accordingly summary judgment was declined.