Judgment
Tabitha Philander (Trustee in Bankruptcy of Don Foster) v GKF Holdings Ltd and Gary Kirk Foster - Judgment
FSD 0011/2015 (IMJ) · 2015-12-09
Implied contract indemnity; Equitable subrogation; Unjust enrichment; Whether GKF was true borrower; Substance over form in secured transactions; Effect of “entire agreement” clause; Rights of guarantors/sureties; Claim by Trustee in Bankruptcy on behalf of Estate of Bankrupt - Claim as Guarantor - Implied Contract - Equitable Subrogation - Restitutionary Remedies - Regard to be had to substance of transactions
Full metadata
| Cause Number | FSD 0011/2015 (IMJ) |
|---|---|
| Court | CIGC (FSD) |
| Judge | Mangatal J |
| Parties | Tabitha Philander (Trustee in Bankruptcy of Don Foster) v GKF Holdings Ltd and Gary Kirk Foster - Judgment |
| Judgment Date | 2015-12-09 |
| Subject | Implied contract indemnity; Equitable subrogation; Unjust enrichment; Whether GKF was true borrower; Substance over form in secured transactions; Effect of “entire agreement” clause; Rights of guarantors/sureties; Claim by Trustee in Bankruptcy on behalf of Estate of Bankrupt - Claim as Guarantor - Implied Contract - Equitable Subrogation - Restitutionary Remedies - Regard to be had to substance of transactions |
| Filename (current) | 15-12-09-Tabitha-Philander-as-the-Trustee-in-Bankruptcy-v-GKF-Holdings-Limited-et-al-Judg-2.pdf |
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