10 Dec 2009
WAIMARIE MANAGEMENT LIMITED V THE TERRACES HOTEL APARTMENTS LIMITED (IN LIQUIDATION) AND ORS HC AK CIV-2009-404-00595
- Citation
- openlaw-6eab3bf7_0eea_4ac6_bcd3_89186de6db8d.pdf
- Court
- High Court
The deed unambiguously made THAL and the guarantors liable for the $1,350,000 management fee; the alleged defences (estoppel, waiver, FTA s9, CCFA reopening) lacked credible, particularised or contemporaneous support and were inconsistent with documents showing negotiations were subject to contract; without prejudice material was either waived or admissible; therefore there was no arguable defence and summary judgment was entered for the plaintiff against all defendants.