11 Nov 2009
TURNER V SIGGLEKOW AND ANOR HC CHCH CIV-2006-409-1172
- Citation
- openlaw-561db5c6_045c_4592_b210_8225e164d103.pdf
- Court
- High Court
The strike out application was dismissed because the asserted limitations and factual issues (notably discovery for s28 and whether the fiduciary claim is barred by analogy) raised substantial factual questions inappropriate for summary determination under r15.1; the plaintiff was not a party to the District Court proceedings and the fiduciary claim is materially distinct from contract so not plainly statute-barred.