29 Jun 2012
AUC PROPERTIES LIMITED V ROTORUA DISTRICT COUNCIL HC ROT CIV-2012-463-000022
- Citation
- openlaw-8fe5202b_71a7_4901_8400_172bf2660bac.pdf
- Court
- High Court
Summary judgment was refused because there are genuine disputes of fact and credit as to whether the parties had agreed all essential terms (notably term, rent, and the 'get-out' clause), and whether acts relied on constitute part performance; plaintiff failed to discharge the onus of showing no arguable defence and the matters require trial and discovery.