12 Jun 2020
NAPIER v NORTH SHORE DISTRICT COURT [2020] NZHC 1130
- Citation
- [2020] NZHC 1130
- Court
- High Court
Admitting the plaintiff's second affidavit into evidence in a summary judgment hearing without affording the defendant a real opportunity to read and respond was procedurally unfair because contested, material factual issues about the vehicle's quality remained and the affidavit relied on double hearsay rather than direct evidence; that unfairness vitiated the summary judgment and justified setting it aside and remitting the matter for substantive determination.