17 Aug 2009
GREG LEONARDO ANTONA WIKIMIATY, WAI MAN CHAN V SUNNY CHEN SUN AND ORS HC AK CIV 2008-404-007155
- Citation
- openlaw-b15d3d95_c7cb_4242_b994_dc638e9ec56d.pdf
- Court
- High Court
Summary judgment on the Fair Trading Act claim against the first and second defendants was refused due to disputed material facts; however the plaintiff was entitled to summary judgment against the third defendant (the registered proprietor/trustee and vendor) for repayment of the $80,000 deposit with interest at 14% per annum from 17 July 2008 because the vendor failed to comply with the settlement notice and clause 9.5(2) of the contract entitles repayment of the deposit on cancellation.