17 Jul 2009
PETHERICK PROPERTIES LIMITED V WELLINGTON MORTGAGE MATTERS LIMITED HC WN CIV-2009-485-844
- Citation
- openlaw-6021c388_e079_43dd_9a9c_196a37185783.pdf
- Court
- High Court
The statutory demand was set aside because there existed genuine and substantial disputes of fact and law about the contractual basis for the commission (whether Broker Mandate Two and its sole agency clause were reinstated or varied, whether finance was acceptable/accepted, and the applicable commission rate) that could not be resolved on affidavit evidence and therefore should be decided at trial rather than via statutory demand procedures.