25 Sept 2023
DOMINION CONSTRUCTORS LTD v A.C.N. 643 927 469 PTY LTD [2023] NZHC 2425
- Citation
- [2023] NZHC 2425
- Court
- High Court
Defendant's application for summary judgment was declined because material factual disputes and tenable alternative interpretations of the Direct Payment Letter (including effect of deletion of 'Allocated Sum', operation of clauses 5, 6 and 7, and related acknowledgements) meant the Court could not be satisfied on the balance of probabilities that Dominion's causes of action could not succeed; issues about QS appointment/certification and FTA reliance/loss require discovery and a full hearing.