16 Jul 2012
WALKER & ORS V BALE & ORS HC AK CIV-2008-044-2721
- Citation
- openlaw-254c7f33_0238_46d4_8e68_63c07d8fd7af.pdf
- Court
- High Court
Application to strike out was dismissed because the issues raised (scope and application of the exclusion clause under s4 Contractual Remedies Act, reliance, and limitation including effect of Building Act s393) depended on contested facts and a weighing of circumstances that could not properly be resolved on a strike out application; defendants failed to show the causes of action were plainly doomed to fail.