8 Dec 2009
TRUSTEES EXECUTORS LTD V JOSEPH LAWRENCE WOOD TURNBULL AND ANOR CA CA312/2009
- Citation
- openlaw-3f4c918d_5cc2_4321_8522_13aa99dfa40b.pdf
- Court
- Court of Appeal
Summary judgment was properly refused because the respondents had an arguable defence of unconscionability: there was sufficient doubt as to whether the respondents were under a qualifying disability and whether the appellant had actual or constructive knowledge and took advantage; the new evidence could be relevant to systemic lending practices and agent involvement and therefore must be admitted for trial determination.