6 May 2019
ZHANG v NORTHWEST DEVELOPMENTS LTD [2019] NZCA 137
- Citation
- (2019) 20NZCPR 638
- Court
- Court of Appeal
The Court held Northwest was entitled to enforce the Five Owners' Agreement as assignee upon settlement; the summary judgment application raised no arguable defence and was not an abuse of process because it sought distinct, time-sensitive relief that could be determined expeditiously; and orders requiring the appellants to consent or to take reasonable steps including pursuing s145A were within the scope of the agreement and appropriate remedies, so the appeal was dismissed.