30 Sept 2011
CYNDICATE PROPERTY GROUP LTD v ZENG JUN COA CA837/2010
- Citation
- COA CA837/2010
- Court
- Court of Appeal
Summary judgment was properly refused because the respondents adduced evidence, including expert evidence and affidavits, which raised a genuine dispute about whether the vendor had made reasonable progress under s 225(2)(b) RMA; the reasonableness inquiry is objective, overall and assessed at the time of cancellation and prior delays and staging decisions can be relevant, therefore the matter required trial.