4 Jul 2011
RAEWYN MARIE SCOTT v LINDY JANE ELLISON COA CA660/2010
- Citation
- COA CA660/2010
- Court
- Court of Appeal
The vendor's warranty in clause 6.2(5) extends to works done or permitted by any vendor individually such that trustees who contract as vendors are jointly and severally liable for the warranty; because this interpretation raises live issues about trustee liability and entitlement to relief, summary judgment was inappropriate and the appeal against refusal of summary judgment is dismissed.