29 Jul 2011
BODY CORPORATE 86975 v FOVEN LIMITED HC WN CIV-2011-485-538
- Citation
- openlaw-0f308a4a_7abd_4569_9e1e_4392ebea10e5.pdf
- Court
- High Court
Summary judgment was dismissed because the November 2008 agreement created an arguable continuing contractual right in the defendant (including a claim for damages and set-off) and factual and legal issues (including potential relief for mistake and construction of unit title rules) remained that required trial evidence; the plaintiff therefore failed to show there was no real defence.