13 Mar 2015
CONWAY v BURDON [2015] NZHC 479
- Citation
- [2015] NZHC 479
- Court
- High Court
Summary judgment was refused because there were genuine and material disputes as to the construction and duration of the maintenance obligation, the correct quantum of arrears given rebateable direct payments and prior solicitor communications, and the effect and operation (including potential retrospective effect) of the clause 8 review mechanism; those disputes meant the defendant had arguable defenses and the claim could not be finally determined on summary judgment.