20 Dec 2018
ARMSTRONG v MITCHELL [2018] NZHC 3431
- Citation
- [2018] NZHC 3431
- Court
- High Court
The appeal was declined because on the material before the court it was arguable the purchasers had objected to the defect by words and conduct (texts) and, irrespective, their pre-contractual misrepresentation claim could proceed; factual and legal contests about electronic service, consent and the meaning of the communications could not be resolved on summary judgment and require full trial; accordingly neither party was entitled to summary judgment on the pleadings and evidence provided.