8 May 2006
MJ WHITTLE AND HJ EGGINK AS TRUSTEES FOR THE KAITUNA TRUST OF 14 WAKAMETE ROAD, GLEN EDEN, AUCKLAND V ROGER MALCOLM JONES HC AK CIV2005-404-3913
- Citation
- openlaw-4ff7362a_037d_4201_99b2_3c12bd97db0f.pdf
- Court
- High Court
Summary judgment was declined. The Court exercised its residual discretion under r136(2) to refuse summary dismissal and to permit the plaintiffs to amend their statement of claim to seek declaratory and enforcement relief because the defendant had not demonstrably fully complied with the undertakings and it would be unjust to deny the plaintiffs an opportunity to seek enforcement orders; the Court made no finding on whether the withdrawal promise was conditional on full compliance.