25 Feb 2009
HAWKINS CONSTRUCTION LTD V ECOSSE AFRIQUE ENTERPRISES LTD HC WN CIV 2008-485-2327
- Citation
- openlaw-4d68fcdd_ad4e_42d3_8718_c2c106e369d6.pdf
- Court
- High Court
Summary judgment on the disputed balance was declined because the defendant raised an arguable defence that an oral variation had prescribed service to the quantity surveyor which could exclude other methods of service under the Act and Regulations; however summary judgment was granted for the undisputed sum of $178,486.40 plus GST and interest under clause 12.7 of the contract; costs were reserved.