15 Sept 2015
Audrey Investments Limited v McKillen [2015] NZHC 2225
- Citation
- [2015] NZHC 2225
- Court
- High Court
Summary judgment was refused because there are real and material disputes of fact and credibility about whether an oral agreement to extend the RPS redemption date was made and whether it was conditional; there is also an arguable basis that the minutes and emails might, via joinder/authenticated signature principles, constitute a written variation but those legal and factual questions require fuller evidence and discovery and are unsuitable for determination on summary judgment.