27 Jun 2013
MARYVILLE COURTS TRUST BOARD v EARTHQUAKE COMMISSION [2013] NZHC 1575
- Citation
- [2013] NZHC 1575
- Court
- High Court
Summary judgment was dismissed because there were triable issues as to (a) whether Penny had actual or apparent authority to communicate a final binding determination by EQC and (b) whether Maryville reasonably relied to its detriment on any representation such that equitable estoppel would apply; these factual and authority issues required trial and therefore the plaintiff failed to show the defendant had no arguable defence.