13 Mar 2014
SARDAN TRUSTEES LIMITED v MAGSON'S HARDWARE LIMITED [2014] NZHC 460
- Citation
- [2014] NZHC 460
- Court
- High Court
The summary judgment application was dismissed because there were genuine disputed questions of fact about the existence and terms of the contract between Sardan (Dansar) and Magsons, and whether Magsons had an arguable defence (including reliance on required Starplus acceptance and Magsons' purchase order process); these disputes could not be resolved on affidavits and therefore the plaintiff failed to show the defendant had no defence.