8 Jun 2020
BAXTER v MURRAY [2020] NZCA 222
- Citation
- [2020] NZCA 222
- Court
- Court of Appeal
The Variation incorporated the SPA including the express clause excluding set-off; the appellants, as covenantors under the Variation, were bound by that exclusion and therefore could not rely on an equitable set-off to defeat summary judgment, and the appellants failed to establish exceptional circumstances or a real risk of injustice to warrant exercise of the discretion to refuse judgment or grant a stay.