5 Nov 2009
BODY CORPORATE 200835 AND ANOR V 372 ROSEDALE LIMITED AND ORS HC AK CIV 2006-044-1703
- Citation
- openlaw-5bc63d43_5f73_43d2_bb3d_e3923ddb52e5.pdf
- Court
- High Court
Summary judgment was refused because there are genuine disputes of fact about the personal involvement and degree of control exercised by the fourth and fifth defendants over the design and construction; given the exacting test for summary judgment, plaintiffs had adduced evidence making it possible a trial could establish a personal duty and negligence, so it was not shown none of the claims could succeed.