9 Dec 2010
NORTH HOLDINGS DEVELOPMENT LTD V FERNLEY & JACOB HC AK CIV-2010-404-4254
- Citation
- openlaw-47c196db_95d6_4744_98a7_cf9807060fa2.pdf
- Court
- High Court
Summary judgment was dismissed because there is an unresolved, arguable factual dispute about whether the vendor's director made pre-contractual representations that induced the defendants and whether those representations amounted to an implied warranty or otherwise fall outside clause 5.7; the s4(1) issue and credibility questions cannot be resolved on affidavits alone and therefore there is a real question to be tried.