10 Mar 2011
GEORGINA MARY TOKLEY V CHRISTOPHER MICHAEL LLOYD ROBINSON HC HAM CIV-2009-419-136
- Citation
- openlaw-3b00c313_21b5_4c6f_bd61_44e7e6fa3fc5.pdf
- Court
- High Court
The signed loan agreement read together with the tenancy agreement reflected the joint intention that the Tokleys lent $280,000 to the Robinsons repayable on specified events; the non est factum plea failed because the defendant knew the character and effect of the documents; allegations of estoppel or acquiescence and of a beneficial interest in the Karaka property were rejected on the evidence; therefore plaintiff was entitled to judgment for $280,000 plus interest at 1% per annum from 18 December 1994 and costs.