6 Aug 2008
AGAPE-HOLISTIC RETREAT CORPORATION LTD V AGAPE-HIGH-Q HOLISTIC HORSEMANSHIP CORPORATION LTD AND ANOR HC AK CIV 2007-404-006917
- Citation
- openlaw-75db95ea_7700_45a4_bb6c_4e1138fe1025.pdf
- Court
- High Court
The application for summary judgment was declined because there were substantial, material evidential disputes (validity of the guarantee, whether the payment was under compulsion, identity of parties to the original advance and whether the payment discharged an existing debt) that could not be resolved on affidavit evidence and required viva voce evidence; accordingly the plaintiff did not discharge the onus under r 136.