3 Jul 2009
PETER HARDIE MCNAMARA AND PATRICK STURGEON MCNAMARA V MALCOLM J LUSBY LIMITED AND ORS HC AK CIV 2006-404-002967
- Citation
- openlaw-ab7f30e3_169e_4606_a3c4_30a7d7fb2f8a.pdf
- Court
- High Court
Where a private certifier lacked authority to certify particular items and the TA knew or ought to have known of those limitations, the TA could not simply accept the certifier's CCC at face value for those items; the pleadings sufficiently alleged a duty to take reasonable steps to verify compliance and thus the strike out/summary judgment applications failed and must be dismissed.