15 Sept 2011
WESTWOOD GROUP HOLDINGS V RILEAN CONSTRUCTION (SOUTH ISLAND) LIMITED HC INV CIV 2010-425-000245
- Citation
- openlaw-b97491d2_f9cb_4833_92d2_11e98f24681f.pdf
- Court
- High Court
Summary judgment refused because the defendant raised tenable defences: it is arguable on the evidence that design responsibility lay with the principal and consultants so that the contractor's obligation to achieve absolute watertightness was subject to the limitations of the design; the deed of warranty obligation and mistake and implied‑term defences are reasonably arguable and raise factual issues requiring trial or fuller inquiry.