15 May 2013
HAWKE'S BAY REGIONAL COUNCIL V HERBERT CONSTRUCTION COMPANY LIMITED HC NAP CIV-2012-441-161
- Citation
- openlaw-61a08a35_20d0_4fc6_b772_4bee4d931ff8.pdf
- Court
- High Court
The application for summary judgment was dismissed because Wrightson failed to demonstrate that none of Herbert's causes of action (including a reasonably amendable pleading alleging failure to maintain the contractually required 30 mm ground clearance) could succeed; credible expert evidence raised contested factual issues about ground clearance and potential contribution, making summary judgment inappropriate.