3 Jul 2012
FRUITI ORGANICS NZ LIMITED V DOWN UNDER ORGANICS LIMITED HC NAP CIV-2011-441-121
- Citation
- openlaw-f2c830b0_5737_4975_b1fd_6e57da23befc.pdf
- Court
- High Court
Summary judgment was entered for Down Under against Fruiti Organics and guarantor Ms Hyland for the admitted sum of $26,519.63 because Fruiti conceded the liability; the separate $50,095.20 claim for remediation/harvesting costs was dismissed from summary judgment because it raised substantive disputed issues and fell within the sub-lease dispute resolution clause requiring mediation/arbitration and therefore was unsuitable for summary disposal; payment was ordered from retained crop sale proceeds and costs awarded to Down Under.