23 Sept 2016
WATER VIEW PROPERTY LIMITED v GARDNER [2016] NZHC 2247
- Citation
- (2016) 18 NZCPR 440
- Court
- High Court
The defendants have an arguable defence that the purchaser misrepresented his intention at the time of contracting (to pursue a materially different, more intensive subdivision) and that the truth of that representation was essential under s7(4)(a) CRA; because this raises serious issues of honesty and fact requiring trial, summary judgment for specific performance is dismissed.