4 Aug 2010
T J B WILLIAMS V S HILL AND ORS HC AK CIV-2010-404-000505
- Citation
- openlaw-c63c438b_9df9_472a_8d9d_ac59770b4307.pdf
- Court
- High Court
The plaintiff was entitled to summary judgment against the first defendant (Hill) because Hill expressly requested Williams to sign the memorandum of understanding thereby authorising the trustee to enter the transaction; the deed of indemnity covers liabilities incurred at the request of a beneficiary including transactions outside formal trust powers where the beneficiary requested them; the exclusion clause did not apply as there was no fraud, dishonesty or wilful breach proven. Summary judgment was dismissed as to Willis because Willis had an arguable defence: Williams could not show Will…