14 May 2010
AXIAM ENGINEERING LIMITED V JB SALES INTERNATIONAL LIMITED HC WANG CIV-2009-483-349
- Citation
- openlaw-97a137a3_01da_42cc_924f_44bf83344444.pdf
- Court
- High Court
Summary judgment was dismissed because there are substantial and genuine factual and expert conflicts concerning whether the couplers met the contractual A5 quality specifications, the causes of failures, delays and whether the defendant was entitled to reject goods or to put the supply agreement on hold; these issues require full trial. The transfer application was dismissed because a material part of the cause of action arose in Wanganui (payments and some contractual terms and performance) and convenience did not justify transfer; costs to lie where they fall.