18 Nov 2011
R B ROAD 391 LTD v MALCOLM ALEXANDER JOHNSTONE AND ORS SC 97/2011
- Citation
- SC 97/2011
- Court
- Supreme Court
The application raised genuine factual disputes about the operation and foreseeability of the council's condition that could only properly be resolved at trial with cross‑examination, so summary judgment was inappropriate and leave to appeal did not satisfy statutory criteria and was refused.