25 Feb 2009
WALKER AND ORS V COLLINS AND ANOR HC CHCH CIV-2007-409-002209
- Citation
- openlaw-f9995fe0_aaea_40be_a75a_1254766dc7e6.pdf
- Court
- High Court
On the balance of probabilities the original trustees made a binding commitment to the first defendant that the current account debt would be valued at $1.7m and distributed to him at that figure less any payments made on account since July 2001; alternatively, promissory estoppel gives the first defendant an equitable right enforceable by distribution at that value. The trustees acted reasonably in seeking court directions and are entitled to have legal costs of this s66 application paid from the trust.