17 Dec 2019
KAHAWAI POINT DEVELOPMENTS LTD v KHAN [2019] NZHC 3345
- Citation
- [2019] NZHC 3345
- Court
- High Court
Plaintiff failed to discharge the onus on summary judgment to show Mr Khan had no defence because it is at least arguable on objective interpretation and factual matrix that the parties intended the Kowhai Trust (all trustees) to be the purchaser and that not all trustees agreed; clause 17 cannot establish the existence of a contract where none is shown, so summary judgment for specific performance was refused.