21 Dec 2005
LOWES V THWAITE HC AK CIV 2005-404-4237
- Citation
- openlaw-771004c5_7997_41fd_8958_8f762ae79219.pdf
- Court
- High Court
The court dismissed both appeals: Mrs Lowes failed to discharge the onus for summary judgment because documentary evidence and affidavits were insufficient to demonstrate that Mr Thwaite could not possibly succeed in claiming return of the deposit; however Premium was entitled to summary judgment because settlement credited the $59,000 deposit to the purchase price so Premium's release of the funds caused no loss to Mr Thwaite and therefore Premium had no liability.