30 Apr 2008
G F PARSONAGE AND T J GOULDING V J C LAIDLAW AND C A LAIDLAW HC AK CIV 2007-404-004484
- Citation
- openlaw-556582f0_a11c_4640_90bc_5de910e94967.pdf
- Court
- High Court
The court held that the phrase "and or nominee" in the sale agreement sufficiently designates the trust as beneficiary under s4 of the Contracts (Privity) Act 1982 (following the reasoning in Rattrays and Ballance), therefore the trustees as nominees had standing to enforce the vendor warranty in clause 6.2(5); defendants had no arguable defence to that contractual cause of action and summary judgment was appropriate for proven repair costs and the inspection fee, while agency, novation and other causes were unsuitable for summary determination.