Summary judgment — sale and purchase agreement — Krukzeiner v Hanover Finance Ltd (2008) 19 PRNZ 162. The plaintiff sought summary judgment against the defendant for losses totalling$66,263, together with interest and costs, following a property sale. The case turned on whether the defendant had an arguable defence to the plaintiff's claim that the defendant had waived a requirement, in accordance with clause 22.2 of the sale and purchase agreement, regarding acknowledgments from creditors. The Judge held that the defendant did have an arguable defence to the claim, firstly, because it was arguable that the provision could not be waived unilaterally and secondly, whether any actual waiver was given. For those reasons, the application for summary judgment was dismissed and costs were reserved. Judgment Date: 21 September 2018.