24 Oct 2014
MIHARO FARM LIMITED v ALLEN [2014] NZHC 2623
- Citation
- [2014] NZHC 2623
- Court
- High Court
Summary judgment was declined because there was a bona fide, material dispute of fact about whether the vendor complied with the variation's consultation obligation and whether the parties agreed to change the lot boundaries; the plaintiff failed to meet the onus under r12.2, and confirmation of satisfaction of the due diligence clause did not waive the consultation requirement nor remove cl 20.1 which remained effective.