6 May 2010
THE OFFICIAL ASSIGNEE IN BANKRUPTCY IN THE ESTATE OF ALASDAIR STRUAN CLARK V SANDRA GAYLENE HERBERT HC NAP CIV-2009-020-446
- Citation
- openlaw-24b8b30f_a3ba_4296_a9c9_d5d696117890.pdf
- Court
- Unknown Court
Summary judgment dismissed because there are genuine, direct conflicts in affidavit evidence as to whether the repayments were made personally by the bankrupt or by the London company through him as trustee, requiring a trial and cross‑examination; the plaintiff failed to show the defendant had no defence under r 12.2.