13 May 2013
THE CORNWALL PARK TRUST BOARD INC V CHEN HC AK CIV-2013-404-8
- Citation
- openlaw-04a9c1ca_e662_40a4_bb36_ae2dafcf1587.pdf
- Court
- High Court
Summary judgment denied for first and third causes because defendant raised arguable equitable estoppel and Fair Trading Act defences and there were genuine factual and evidential disputes on reliance, causation and the extent/quantification of repair breaches requiring interlocutory procedures and trial; summary judgment granted for second cause as auction, marketing and related legal costs were recoverable under clause 13(k), judgment entered for $18,741.88; directions given for filing defence and case management to prepare issues for trial.