Published 28 February 2018
Application for summary judgment — parties to contract — building. The plaintiff is a builder trading under a family trust. The plaintiff was asked by the defendants to price the construction of a family home. The price was accepted and a contract was entered into. The plaintiff carried out the building work on the property and sent invoices to a company associated with the defendant. Invoices totalling $67,375.825 remained outstanding. The plaintiff issued summary judgment proceedings in the name of the Trust against the defendant, seeking payment of the outstanding invoices. The court found that there were sufficient ambiguities as to who the correct parties to the contract were, and ambiguities as to the terms and nature of the contract itself. The plaintiff did not satisfy the court that the defendants have no defence to the cause of action in the statement of claim, so the court declined to grant summary judgment. Judgment Date: 27 June 2017
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