Andrew Pycroft v Michael Andrew Murray and Others

Key Issues

• {"issue_text":"Has the plaintiff’s claim against the defendants become prescribed?","issue_type":"mixed","dispositive":"yes","related_facts":"Verbal notice on 1 May 2008, summons served on 6 January 2010, acknowledgment of debt"}
• {"issue_text":"If not prescribed, what is the correct balance of capital and interest owed by SECM and MKG?","issue_type":"fact","dispositive":"yes","related_facts":"Monthly statements, US$30,000 adjustment, roll-over loans"}
• {"issue_text":"Has the plaintiff taken over the business operated by Zambezi Saw Milling (ZSM)?","issue_type":"fact","dispositive":"no","related_facts":"Sale of ZSM assets, plaintiff acquiring 10% shares"}
• {"issue_text":"Has the plaintiff acted in a manner prejudicial to the 1st, 3rd, 4th and 6th defendants?","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff’s involvement in management, threats of foreclosure"}
• {"issue_text":"Was the plaintiff acting as agent for other investors?","issue_type":"fact","dispositive":"no","related_facts":"Written mandates, payments to plaintiff"}
• {"issue_text":"Were the loans called up and, if so, when?","issue_type":"fact","dispositive":"yes","related_facts":"Verbal notice on 1 May 2008"}
• {"issue_text":"Was the interest claimed agreed upon and appropriate?","issue_type":"law","dispositive":"yes","related_facts":"3.5% and 1.75% rates, economic conditions"}
• {"issue_text":"Does the Contractual Penalties Act apply?","issue_type":"law","dispositive":"no","related_facts":"No penalty interest charged"}

Background