21 Oct 2010
COMMERCE COMMISSION V BLUESTONE MORTGAGES NZ LIMITED AND ORS HC AK CIV-2009-409-617
- Citation
- openlaw-4c94b11c_bfdf_406d_ac2e_8056a0f1129d.pdf
- Court
- High Court
The defendants' interlocutory applications were refused because the issues raised—characterisation of the DEF, reasonableness under the Act, the impact of securitisation on recoverable costs, and expert conflicts—raise substantial questions of fact and complex mixed law and fact that are not suitable for determination on summary judgment or strike out; Avanti did not decide these issues and did not justify summary disposal; leave to apply out of time was declined.