13 Oct 2011
NEIL-WEBBER V WEBBER HC HAM CIV 2011-419-800
- Citation
- openlaw-7c4d4bb2_93a6_4d85_a8ae_695a67292302.pdf
- Court
- High Court
Summary judgment was declined because there was a break in the evidential chain and missing source documents held by the solicitors which could establish whether the $400,000 was actually paid to the Ellacana Trust; refusing access to those documents risked injustice and, in any event, any judgment could not exceed the known trust asset balance of $76,748.96.