21 Aug 2017
STOCKCO LTD v SHARPIN AND WILLIAMS [2017] NZHC 1999
- Citation
- [2017] NZHC 1999
- Court
- High Court
Summary judgment was refused because there were significant conflicts of affidavit evidence about (a) whether sale proceeds and remaining stock account for the debt, (b) whether an oral agreement or arrangement with StockCo altered repayment obligations and created set-off/compensation claims, and (c) whether MLA penalty provisions are oppressive requiring CCCFA review; these factual and legal disputes could not be resolved on affidavits and required discovery and further evidence.