27 Aug 2007
J E MOXON V S K CASSIDY AND MGI WILSON ELLIOT TRUSTEES LIMITED HC AK CIV 2006-404-5380
- Citation
- openlaw-922709ac_55a0_481f_98d0_ab0b38c9ff78.pdf
- Court
- High Court
On an objective assessment of the material known to the vendor (including two detailed Building Condition Assessment reports and registration with the Weathertight Homes Resolution Service) a reasonable person would conclude those facts might give rise to proceedings by or against the Body Corporate; the trustees did not breach their disclosure duty in the affidavits and third party knowledge was not essential to resolve the issues, so summary judgment as to liability was properly entered and the residual discretion to refuse judgment to avoid injustice was not enlivened.