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Graeme Legg v Affiliated Business Consultants Limited [2016] NZDC 14691

Published 16 January 2017

Summary judgment — agency — Real Estate Agents Act 2008, ss 4, 51 and 126 — Contracts (Privity) Act 1982, s 4 — Real Cool Holdings Limited v Northpower Limited [2012] NZHC 1604. In this application by the second and third defendants for summary judgment against the plaintiff, summary judgment was awarded for the second and third defendants, as the plaintiff had no cause of action against either party. It was noted that where a defendant applies for summary judgment, the application is similar to a striking out application in that the defendant has to show the plaintiff cannot succeed. This was proven against the plaintiff for the second and third defendants as the plaintiff did not have a written agency agreement signed with those parties. The plaintiff could not rely on alleged grounds of effective cause of sale, personal guarantees, privity of contract or unjust enrichment. Judgment Date: 9 August 2016.

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