10 Mar 2009
TUART V HOOKS HC ROT CIV-2008-463-000610
- Citation
- openlaw-7aae6aca_e726_4458_afdf_ea744db2b702.pdf
- Court
- High Court
Both summary judgment applications were dismissed because the plaintiff failed to file the required affidavit verifying the claim and denying belief in a defence, and because the defendant's intention is a factual issue that cannot be resolved on summary judgment; additionally the plaintiff cannot presently establish or quantify loss while the related proceedings against Natex and the Saunders remain undetermined, so the proceeding is to be parked pending resolution of those proceedings.