25 Jun 2008
TOTARANUI INVESTMENTS LIMITED AND ANOR V CDA PACIFIC LIMITED HC CHCH CIV 2008 409 153
- Citation
- openlaw-14b710c1_76e3_4a5b_8d65_a21272b8c564.pdf
- Court
- High Court
Summary judgment was dismissed because there was a real and seriously arguable case, supported by evidence of pre-contractual negotiations and subsequent conduct, that the written agreements might not record the whole bargain and that extrinsic evidence could be admissible to show the parties intended CDA Pacific not to be liable; therefore the defence could not be resolved on affidavits alone and required trial.