31 May 2017
MCGETTIGAN v ADDAMS TRUST COMPANY LIMITED [2017] NZHC 1168
- Citation
- [2017] NZHC 1168
- Court
- High Court
The defendant had no arguable defence: the contractual interim retention process (cl 7.4) was followed and the defendant failed to tender settlement or comply with the settlement notice, so the vendor validly cancelled the agreement; the occupancy dispute did not fall within the Tenancy Tribunal because the occupant was the purchaser company and the RTA exclusion applied; accordingly there was no miscarriage of justice and the summary judgment stands except for ancillary orders consented to be set aside.