28 Feb 2018
PERO & Anor v MPZ ONE LIMITED [2018] NZHC 253
- Citation
- [2018] NZHC 253
- Court
- High Court
Summary judgment was declined because there are arguable defences and factual issues to be tried: it is arguable clause 3.10 requires a good faith assessment and the plaintiff may have invoked it from a conflict of interest/bad faith; the defendant's counterclaim under s 174 and Katz J's grant of leave to enforce the judgment debt are also arguable defences sufficient to defeat summary judgment; therefore specific performance of the clause cannot be awarded on summary judgment.