4 Dec 2009
PIONEER PROPERTY TRUST LIMITED V NGAWINI CHE NORTHCROFT AND STEVEN DANIEL NORTHCROFT HC ROT CIV 2009-463-000378
- Citation
- openlaw-a5cc927c_0b84_4c79_a9ff_9e4a3c7ca144.pdf
- Court
- High Court
Summary judgment for specific performance was dismissed because defendants demonstrated arguable defences (misrepresentation, non‑disclosure of subsoil issues and material change by the Consent Notice) and factual issues about vendor knowledge and materiality required trial and discovery; equitable relief was not appropriate on summary judgment.