7 Mar 2011
ALLIED FARMERS INVESTMENTS LIMITED V FENTON PROJECTS LIMITED HC AK CIV-2010-404-4406
- Citation
- openlaw-f3442714_9426_4aef_bf57_0bfe88df9620.pdf
- Court
- High Court
Summary judgment was entered for the plaintiff because the defendants failed to establish an arguable defence that would overcome the express no-set-off clause and the written variation which ratified the loan terms; the partial arguable inference that the 2009 write-off linked Hanover parties to the joint venture did not legally negate the assignment or convert the loan into one repayable only on sale of the property.