Read the full judgment text of HCA 1491/2002 on BabelCite. This High Court CFI judgment was delivered on 23 May 2003 before Deputy High Court Judge Muttrie.
Civil procedure – Summary judgment – Order 14 – Credibility of defence – Matrimonial dispute – Constructive trust – Companies Ordinance – Leave to defend – Unconditional leave granted – Costs in the cause – Defendant alleged trickery by wife regarding resignation documents – Defendant alleged withdrawal of funds to pay creditors – Court found triable issues on credibility and company law technicalities – Appeal allowed to grant unconditional leave to defend – Costs in the cause
Legal issues: Credibility of resignation documents · Credibility of purpose of withdrawal · Right to withdraw money (Constructive Trust) · Company law technicalities
Outcome: Appeal allowed to the extent of granting unconditional leave to defend; otherwise dismissed.
Cites 1 case