9 Apr 2021
KIM v OH [2021] NZHC 751
- Citation
- [2021] NZHC 751
- Court
- High Court
Summary judgment was dismissed because the defendants raised an arguable defence of contractual misrepresentation which operates as an equitable set-off and is sufficiently credible to require a trial; leave to apply for summary judgment was granted but the merits cannot be decided on affidavit evidence alone.