9 Dec 2013
HARRISON v FRIESWIJK [2013] NZHC 3267
- Citation
- [2013] NZHC 3267
- Court
- High Court
Summary judgment was refused because the plaintiff failed to establish that an order for sale was inevitable; material issues under s342 (including comparative hardship, market value impact, and possible compensation for improvements) could not be resolved on the affidavit material and require full trial resolution, so the application must proceed to trial.