21 Sept 2012
FRANKTON GATEWAY APARTMENTS (2003) LIMITED (IN LIQUIDATION) V EDWARD ORAL SULLIVAN HC TIM CIV-2011-476-000060
- Citation
- openlaw-b773e1e8_657d_4989_86bf_c41cf5d77eba.pdf
- Court
- High Court
Rules rr 5.62 and 5.63 are to be given a procedural effect only and do not automatically and substantively bar a plaintiff from contesting an affirmative defence where other filed interlocutory documents sufficiently put the defence in issue; the larger $823,856 debt was formally acknowledged in writing on 27 May 2011 by execution of a deed of retirement referring to the trust accounts and delivered to plaintiff's agent, thereby restarting limitation and making that claim timely; the $32,000 advance remains time-barred; applications for summary judgment and strike out were inappropriate as to…