19 Apr 2012
MANUKAU GOLF CLUB INCORPORATED V SHOYE VENTURE LIMITED COA CA747/2011
- Citation
- COA CA747/2011
- Court
- Court of Appeal
The Court allowed the appeal because the High Court entered summary judgment based on an affirmative defence (an implied term preventing the Club's claim once it had taken over management) that was not pleaded and of which the Club had no notice; deciding that defence without leave to amend and without providing the Club an opportunity to respond was a breach of natural justice and exceeded the Judge's proper jurisdiction on summary judgment, and the factual and legal complexity required a full trial rather than summary disposal.