Read the full judgment text of HCA 1517/2010 on BabelCite. This High Court CFI judgment was delivered on 22 September 2011.
1. This is an application by the Plaintiff for summary judgment on its claim. The Plaintiff relies on a loan agreement it made with the Defendant and dated 9 August 2007 (“the Loan Agreement”) under which it advanced AUD250,000 to the Defendant. Of this sum, AUD70,000, was in fact advanced on 7 March 2007 pursuant to a sale and purchase agreement of shares dated 26 January 2007 (“the Sale and Purchase Agreement”). Only the balance of AUD180,000 was advanced under the Loan Agreement on 31 August