2 Dec 2009
DEVEREUX HOWE-SMITH REALTY LIMITED V PIPER HC AK CIV-2009-404-3162
- Citation
- openlaw-f20158c6_c736_478d_8d3a_55a5acd26266.pdf
- Court
- High Court
The District Court erred by concluding the written agency could be construed without regard to the factual matrix; the agency contract was ambiguous on its face and the contemporaneous brochure and email exchanges raised material factual issues about the parties' objective intentions that could not be resolved on summary judgment under the strict test of Westpac/Jones and s62; accordingly summary judgment was inappropriate and the appeal is allowed.