15 Mar 2010
FENTON & ORS V BUILDING CODE CONSULTANTS LIMITED & ORS HC AK CIV-2009-404-6348
- Citation
- openlaw-2d98d82c_3830_421a_8d0e_4a9235b95570.pdf
- Court
- High Court
s112 removals should not be used to decide contested factual issues on affidavit where the pleaded case, if amended to reflect arguments advanced, could possibly succeed; the Tribunal erred in relying on Hailstone's affidavit to strike out BCCL and Hailstone because the strike out/ removal must apply the High Court tenability principles and assume pleaded facts true; appeal allowed and removal reversed.