13 Dec 2012
GROSVENOR FINANCIAL SERVICES GROUP LIMITED V GIOVANNI LIMITED & ANOR HC TAU CIV-2012-470-554
- Citation
- openlaw-5c103448_7cc6_4000_9b83_a8108a1502e3.pdf
- Court
- High Court
Plaintiff proved a verified prima facie case; defendant failed to adduce admissible, non‑speculative evidence establishing an arguable defence on quantum or on receivers' conduct; contractual terms permitted plaintiff to enforce the guarantee without exhausting securities and insulated plaintiff from receivers' actions; accordingly summary judgment entered for plaintiff for the claimed indebtedness and contractual interest, and no costs awarded because exceptional circumstances under s45 were not made out.