18 Aug 2022
TOLSTIKOV v IVANOV [2022] NZHC 2052
- Citation
- [2022] NZHC 2052
- Court
- High Court
Summary judgment was declined because the defendant has a reasonably arguable defence that the January 2021 variation may have become conditional on the company obtaining finance (with interest payable in the interim) and there is a genuine issue whether interest was payable by Topcatch Limited or the defendant personally; these factual disputes prevent a finding that the defendant has no defence and therefore preclude summary judgment on the Amended Termination Sum and interest claims.