16 Nov 2017
YU & Anor v BRADLEY & Anor [2017] NZHC 2816
- Citation
- [2017] NZHC 2816
- Court
- High Court
Summary judgment was dismissed because there were reasonably arguable factual disputes (notably whether defendants prevented the valuer from producing a genuine pre-estimate under clause 8 and whether that caused the plaintiffs' failure to comply with clause 8) such that the defendants had an arguable defence to the claim for return of the deposit and it was not appropriate to resolve these issues on summary judgment.