8 Nov 1988
BRILLIANT STAR INVESTMENT LIMITED v. NZI INTERNATIONAL ACCEPTANCES LIMITED & OTHERS
- Citation
- BRILLIANT STAR INVESTMENT LIMITED v. NZI INTERNATIONAL ACCEPTANCES LIMITED & OTHERS
- Court
- Court of First Instance
- Case number
- HCA6008/1988
The court refused to strike out the plaintiff's claim against Pistola because the claim was not plainly and obviously unsustainable: genuine factual disputes existed whether NZI sold as mortgagee or as owner and whether Pistola had notice at the time of contracting; those matters affect priority and applicability of Henderson v Astwood and require trial rather than summary disposal.