10 Mar 2015
R T VINCENT LTD v WATTS & HUGHES CONSTRUCTION LTD [2015] NZHC 424
- Citation
- [2015] NZHC 424
- Court
- High Court
Leave to apply for summary judgment was refused because the plaintiff failed to discharge the onus of proving the defendant had no arguable defence: material factual and legal disputes existed about the contractual basis for payment (hourly charge-up versus measure-and-value), invoices covered mixed categories of work, key factual witnesses were not before the Court and the affidavits were insufficient to resolve those disputes on summary judgment, therefore an urgent trial was directed instead.