The case concerned a summary judgment application raising issues of contractual construction, including the operation of trust provisions and exclusion clauses in standard terms and conditions.
While the judge has yet to determine the final form of order, the decision is a significant one for practitioners dealing with contractual limitation clauses and trust mechanisms. The Court’s analysis of when express trusts may arise in commercial contracts, and the extent to which exclusion clauses can preclude certain defences or counterclaims, provides valuable guidance for those drafting and litigating such terms.
We shall share a further update once the final order has been made.
Read the full judgment here.
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