LIM SOON WAI AND GOH MAI CHEE TRACY V EMILY PROJECTS LIMITED HC AK CIV 2011-404-003478

LIM SOON WAI AND GOH MAI CHEE TRACY V EMILY PROJECTS LIMITED HC AK CIV 2011-404-003478

Summary judgment was dismissed because there were genuine and material factual disputes about the content and effect of pre-contractual representations, the plaintiffs' reliance given available documents (executive summary, addendum, lease) and their commercial experience, and whether any misrepresentation was essential or substantial under the Contractual Remedies Act 1979; those disputes required trial and defeated an application for summary judgment.

Citation
openlaw-8e27de15_5390_4742_a270_fd965928e1b6.pdf
Parties
Plaintiff/applicant: LIM SOON WAI; Plaintiff/applicant: GOH MAI CHEE TRACY; Defendant/respondent: EMILY PROJECTS LIMITED
Court
High Court
Jurisdiction
New Zealand
Judgment Date
13 October 2011
Procedural Posture
Contractual Remedies / Misrepresentation (commercial Property) / Summary Judgment Application
Outcome
Application for summary judgment dismissed
Legal Topics
Misrepresentation, Contractual Remedies Act 1979, Entire Agreement Clause, Summary Judgment, GST Implications
Contract Law Commercial Law Property Law Civil Procedure Misrepresentation Contractual Remedies Act 1979 Entire Agreement Clause Summary Judgment +1 more

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Parties

LIM SOON WAI

Plaintiff/applicant

GOH MAI CHEE TRACY

Plaintiff/applicant

EMILY PROJECTS LIMITED

Defendant/respondent

Procedural Posture

Contractual Remedies / Misrepresentation (commercial Property) / Summary Judgment Application

Legal Issues

  1. 1 Whether pre-contractual representations and cash flow forecast were essential terms permitting cancellation under s7 Contractual Remedies Act 1979
  2. 2 Whether any misrepresentations were substantial enough to justify cancellation
  3. 3 Whether disclaimers and an entire agreement clause preclude relief or require inquiry under s4 Contractual Remedies Act 1979

Ratio Decidendi

Summary judgment was dismissed because there were genuine and material factual disputes about the content and effect of pre-contractual representations, the plaintiffs' reliance given available documents (executive summary, addendum, lease) and their commercial experience, and whether any misrepresentation was essential or substantial under the Contractual Remedies Act 1979; those disputes required trial and defeated an application for summary judgment.

Court Disposition

Application for summary judgment dismissed

Orders

  • Summary judgment application dismissed
  • Costs fixed on a 2B basis to be paid to the defendant at the conclusion of the plaintiffs' proceedings