17 Oct 2011
MANUKAU GOLF CLUB INCORPORATED V SHOYE VENTURE LIMITED HC AK CIV-2010-404-4422
- Citation
- openlaw-beefcd7e_0322_4e6d_afc7_9072ff767e28.pdf
- Court
- High Court
Leave to file the late summary judgment application was granted; on uncontested evidence the club, through its general manager, took over day-to-day management and banking responsibilities at the Trophy Bar and thereby prevented Shoye from supplying the services the venue agreement contemplated; as a matter of contract construction an implied term precluded the club from alleging breach by Shoye for failures that resulted from the club's own management; the approved venue agreement was not a sham or illegal as a matter of law; summary judgment was therefore entered for the defendant dismissin…