18 Jun 2014
SOCIEDAD AGRICOLA TOPAGRI LTDA v BBC TECHNOLOGIES LIMITED CA447/2013 [2014] NZCA 253
- Citation
- [2014] NZCA 253
- Court
- Court of Appeal
Summary judgment was correctly granted because BBC's contemporaneous documents and evidence showed there was no real defence to the portion of the claim pursued; Topagri's asserted defences (expenses, spare parts, pricing disputes, payment allocations) and its counterclaim/set‑off were unsupported by adequate evidential foundation or were implausible, and appropriation of payments favoured BBC absent contrary evidence.