26 Aug 2020
CROSER v FOCUS GENETICS LIMITED PARTNERSHIP (2548500) [2020] NZCA 367
- Citation
- [2020] NZCA 367
- Court
- Court of Appeal
The Court of Appeal allowed the appeal, holding the High Court erred in granting summary judgment; on the objective assessment including the factual matrix and communications the appellants had a seriously arguable case that a binding settlement was reached in correspondence despite the phrase 'subject to documenting', and factual and contextual disputes (notably the meaning and scope of 'data' and related IP issues) made summary determination inappropriate; the enforcement claim must proceed to trial (or fuller hearing) and the summary judgment is set aside.