11 Jun 2009
MORRIS & ANOR V FEATHERSTONE PARK DEVELOPMENTS LIMITED AND ANOR HC HAM CIV 2008-019-1405
- Citation
- openlaw-054f8fe9_0afa_42bb_9e80_2064f9b73895.pdf
- Court
- High Court
The Court held the plaintiff's literal construction of clause 4.4 was incorrect because it produced disharmony with clause 4.5.2 and the modified s225(2)(b) RMA; the right to cancel must be read as conditioned on failure to make reasonable progress or failure to deposit within a reasonable time, raising factual issues (matrix) that preclude summary judgment, so the summary judgment application was dismissed.