2 Dec 2015
Campbell v Thomson [2015] NZHC 3026
- Citation
- [2015] NZHC 3026
- Court
- High Court
Summary judgment was refused because there was a real dispute about whether the ancillary agreement released the defendant, insufficient and contested evidence to conclude as a matter of law that the Rylands cause of action could not succeed (uncertain legal status and insufficient technical evidence on risk/non-natural use), and factual issues over contractor conduct meant the negligence claim could not be finally determined on interlocutory evidence.