18 Jun 2008
FROST AND HORNE V CARR AND ORS HC DUN CIV 2007-412-507
- Citation
- openlaw-dcd8a8c5_bbef_4d9e_9790_99413d312152.pdf
- Court
- High Court
Application dismissed because although SCF's advances enabled the litigation to continue, SCF did not control or direct the proceedings, advanced funds on normal commercial terms with repayment not contingent on success, and there was no contractual entitlement to a share of proceeds; these facts do not render SCF the 'real party' and do not justify a costs order against it.