28 Mar 2023
YANG v JIA [2023] NZHC 639
- Citation
- [2023] NZHC 639
- Court
- High Court
Summary judgment was dismissed because the plaintiffs did not discharge the onus of showing there was no real and credible defence: the defendant gave uncontradicted evidence consistent with the parties' commercial objectives and contemporaneous material, creating a bona fide dispute whether the $3,000,000 constituted vendor finance under clause 20 rather than a standalone repayable loan, and thus the matter was unsuitable for summary judgment.