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.
This website explains many of the things you might want to know if you are coming to the Youth Court, or just wondering how the Youth Court works.
Visit website›Ministry of Justice website with information on family issues including about going to court, forms and other times when you may need help.
Visit website›For information about courts and tribunals, including going to court, finding a court & collection of fines and reparation.
Visit website›On this site you will find information about our Supreme Court, Court of Appeal and High Court including recent decisions, daily lists and news.
Visit website›