21 Dec 2018
EAST DEVELOPMENTS LTD v ALV DEVELOPMENTS LTD [2018] NZHC 3456
- Citation
- [2018] NZHC 3456
- Court
- High Court
The Court has jurisdiction under rule 7.52 to entertain a second summary judgment application in special circumstances, but leave was refused because the applicant failed to show the merits of its damages claim were so strong and free of factual uncertainty (notably mitigation and GST treatment of the resale) that summary judgment at a later stage was appropriate; the defendant has an arguable defence and the issues require trial determination.