20 Aug 2010
HERBERT CONSTRUCTION COMPANY LIMITED V MICHAEL FEATHERSTON TOOGOOD HC NAP CIV-2010-441-283
- Citation
- openlaw-c2a824ed_7230_4102_ab63_cefca38ccfd8.pdf
- Court
- High Court
The summary judgment application was dismissed because it was reasonably arguable that the claimed amounts were not 'due' under ss 22 and 23 of the Construction Contracts Act 2002: the written contract (cl 12.2.1) made final payment conditional on issuance of a practical completion certificate so no due date had been reached, and there was significant uncertainty as to the final payment terms governing the oral administration building contract and whether an earlier final claim precluded the later claim; accordingly plaintiff did not discharge the onus to show the defendant had no defence.