29 May 2006
ALPHA APPLIANCES LTD v. GET LUCK DEVELOPMENT LTD
- Citation
- ALPHA APPLIANCES LTD v. GET LUCK DEVELOPMENT LTD
- Court
- District Court
- Case number
- DCCJ589/2005
Court declined to decide Order 14A questions for lack of necessary factual foundation and discretion; granted summary judgment for the Plaintiff because Defendant's defences were unarguable: the alleged non-completion amounted to remedial defects within defects liability period, the Architect had not been instructed to issue certificates and thus Defendant was disentitled to rely on absence of certificate by the prevention principle, and Defendant produced no evidence to challenge the quantity surveyor's endorsed final account; accordingly judgment for $691,959 plus interest and costs two-thi…