22 Jun 2015
CHRISTOPHER LAWRENCE WHITAKER AND TERESA MARGARET WHITAKER v JOHN FREEMAN [2015] NZHC 1327
- Citation
- [2015] NZHC 1327
- Court
- High Court
Summary judgment was declined because the plaintiffs failed to establish there was no reasonably arguable defence: there are unresolved and material disputes about whether clause 11.1 authorised the claimed price increase (notably treatment of retentions and lack of clear accounting evidence), and whether the plaintiffs suffered personal loss; those issues cannot properly be resolved on the material before the court and so the matter is not suitable for summary disposal.