3 Mar 2023
BODY CORPORATE 201036 v WHAI RAWA RAILWAY LANDS LP [2023] NZHC 389
- Citation
- [2023] NZHC 389
- Court
- High Court
Leave to appeal was declined because the High Court applied the correct legal tests for strike out and summary judgment, the applicant did not demonstrate an arguable error of law or fact of sufficient general importance, and material factual disputes (arm's length bargaining and conflicting expert evidence) required discovery and a substantive hearing; on balance delay would prejudice the respondent more than the applicant.