23 Apr 2013
WHITE CLIFFS FORESTS LIMITED V ALISTAIR CHARLES NICHOLLS HC AK CIV 2012-404-007231
- Citation
- openlaw-a786386e_a22b_47f5_a30e_e5571b7837d2.pdf
- Court
- High Court
Contemporaneous supply records and unchallenged affidavit evidence established average supply met or exceeded the quantities defendants later relied upon; defendants' assertions of a binding supply agreement guaranteeing minimum 5 (or 7) loads were inconsistent, implausible and unsupported by contemporaneous documents, so there was no reasonably arguable defence to the plaintiff's claim under the clear, unqualified guarantee and summary judgment against the first defendant for $240,000 was warranted.