23 Aug 2019
STELLAR HOMES LTD v FORDSAN CONSTRUCTION LTD [2019] NZHC 2061
- Citation
- [2019] NZHC 2061
- Court
- High Court
Summary judgment was dismissed because Stellar failed to discharge the onus of establishing a clear evidentiary foundation and that there was no tenable defence or set-off: Stellar filed substantial new/reply evidence that changed its pleaded case, the admissibility and weight of that evidence was questionable, the defendants raised arguable factual and legal defences (including that the Deed may be unenforceable and that monthly management fees were operating expenses payable to Fordsan), and the contractual and accounting issues are sufficiently disputed to require full trial.