31 Jul 2018
TEGEL FOODS LIMITED v NEAL AND ANOR [2018] NZHC 1921
- Citation
- [2018] NZHC 1921
- Court
- High Court
Plaintiff established a prima facie debt of $748,030 for supplies under the Supply Agreement, invoices corresponded to the contractual pricing mechanism, deliveries were to Christchurch, the Credit Account was too uncertain and conflicted with the Supply Agreement and Deed of Guarantee to be relied on for summary judgment, and clause 21.1 did not impose a broader obligation restraining Tegel's separate marketing such that a set-off arose; accordingly defendants had no real defence and summary judgment was entered against both defendants (Mr Neal's liability limited to $800,000).