28 Aug 2009
BP OIL NEW ZEALAND LIMITED V MJS SERVICES LIMITED AND ANOR HC PMN CIV-2009-454-829
- Citation
- openlaw-b97d7850_4af9_49f2_bdfc_4b8d968b6e24.pdf
- Court
- High Court
Summary judgment was dismissed because defendants raised arguable defences (notably an arguable duty of good faith and a potentially tenable Fair Trading Act claim) and because complex contested facts likely within BP's control required discovery; accordingly the court was not satisfied there was no real question to be tried and exercised residual discretion to refuse summary judgment.