18 Mar 2009
"THE DOCKS" LIMITED V HAN HC AK CIV 2008-404-001436
- Citation
- openlaw-cf7126c9_dedf_4c90_88e6_77fd7bd447ba.pdf
- Court
- High Court
Summary judgment dismissed because genuine disputed issues of material fact exist (notably whether the vendor's agent made misleading or deceptive representations about resale and value) that cannot be resolved on affidavit evidence; alleged representations about future increases in value raise factual credibility issues and Contractual Remedies Act claims appear weak as they concern future events; clause 30 may be relevant but does not dispose of the factual disputes on summary judgment.