25 Sept 2017
PURE ELITE HOLDINGS LIMITED v BODCO LIMITED [2017] NZHC 2317
- Citation
- [2017] NZHC 2317
- Court
- High Court
Summary judgment was dismissed because material facts and legal issues (notably whether time was of the essence, whether a business plan/capitalisation timetable triggered payment obligations, and whether an implied term authorized defendants to unwinding share transfers) were disputed or uncertain and not suitable for summary disposal; plaintiffs have substantial grounds to defend the claim.