26 Sept 2005
BODY CORPORATE NO. 187820 AND ANOR V AUCKLAND CITY COUNCIL AND ORS HC AK CIV-2004-404-6508
- Citation
- openlaw-e13423c3_ab95_44ac_9718_3fbe687779c6.pdf
- Court
- High Court
On the undisputed contractual documents and affidavit evidence Trimac's role was that of financier providing secured advances; it lacked the requisite day-to-day control, supervisory role and profit-motive characteristic of a developer who would owe a non-delegable duty; the defendant discharged the onus under summary judgment rules that none of the plaintiff's claims could succeed, so summary judgment was granted for Trimac.