10 May 2016
KUMAR v NANDAN & ORS [2016] NZHC 935
- Citation
- [2016] NZHC 935
- Court
- High Court
The application for summary judgment and strike-out was declined because the legal effect of the purchaser's delayed deposit and whether that non-payment causally justified the vendors' November 2013 cancellation raise contested issues of contractual interpretation and factual causation (notably construction of clause 2.2 and the relevance of vendors' conduct) that cannot be resolved on interlocutory application; the LIM condition was deemed satisfied; plaintiff must amend pleadings to plead causation and elect remedy.