Read the full judgment text of HCA 001492/2002 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 test – Leave to defend – Company law – Directors' authority – Partnership – Constructive trust – Matrimonial dispute – Misappropriation of funds – Appeal allowed – Whether defendant's assertions regarding resignation documents and purpose of withdrawal were believable – Assertions not dismissed as unbelievable in context of matrimonial troubles – Technical company law and partnership points not decisive for summary judgment – Appeal allowed; unconditional leave to defend granted; costs in the cause
Legal issues: Credibility of resignation documents · Credibility of purpose of withdrawal · Company authority to sue · Partnership suing partner
Outcome: Appeal allowed; unconditional leave to defend granted; costs in the cause.
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