12 Aug 2014
MARAC FINANCE LTD v BODY CORPORATE 361477 [2014] NZHC 1898
- Citation
- [2014] NZHC 1898
- Court
- High Court
Although the Judge erred by not addressing Marac's primary statutory argument under ss 22-23 CCA, there were genuine disputes of fact about whether AGL was a contracting party, whether any assignment or novation was valid, and whether estoppel applied; those factual disputes made the case unsuitable for summary judgment and justified refusing the application.