14 Jul 2014
VINCENT V LAKES INTERNATIONAL GOLF MANAGEMENT LTD CA861/2013 [2014] NZCA 323 [14 July 2014]
- Citation
- [2014] NZCA 323
- Court
- Court of Appeal
The Court held that the Associate Judge was correct to refuse summary judgment because the covenant's wording and contextual inconsistencies (including references to an incorporated society, headings referring to a non‑existent club, and ambiguity about members' rights) meant further admissible evidence could assist interpretation, so the defendant had not established a complete, uncontestable defence.