17 Nov 2017
JOHNS v WU [2017] NZHC 2831
- Citation
- [2017] NZHC 2831
- Court
- High Court
Summary judgment and striking out were refused because there are serious and triable questions as to the plaintiffs' standing, the proper construction of the covenant (including the meaning of 'heretofore' and whether the covenant applies to subsequent dwellings), whether vendor approval was obtained prior to commencement and whether the minimum cost threshold is met; factual and legal disputes preclude disposal without a full hearing.