14 Apr 2015
COAST TO COAST LTD v SMYTH [2015] NZHC 687
- Citation
- [2015] NZHC 687
- Court
- High Court
Summary judgment was dismissed because there are tenable defences and genuine factual disputes: evidence supports a reasonable claim that the trustees relied on a local seven day protocol and on representations by the incoming agent which may found an estoppel or imply a contractual variation; the application raised significant issues about the protocol's existence, scope and effect and the potential for double liability that require resolution at trial or with all parties joined, so there was a real question to be tried.