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Pak Holdings Limited t.a Humphries Construction v Proliant NZ Limited [2016] NZDC 15368

Published 18 November 2016

Summary judgment — District Courts Rules 2014, r 12.2 — Construction Contracts Act 2002, ss 24 and 29. The plaintiff sought summary judgment for an outstanding amount based on s 24(2) of the Act. The defendant asserted a counter-claim or set-off which exceeded the sum sought. The defendant pleaded that provisions 24 and 29 of the Act did not apply. The Judge determined the defendant had no defence to the cause of action relied upon, and granted summary judgment under r 12.2. A final adjusted payment schedule had been given, bringing negotiations to an end and contractually requiring payments. Any counter-claim would have to be brought at a later stage. Interest was ordered as pleaded in the Statement of Claim. Costs were ordered in terms of s 24(2)(a)(i) of the Act. Judgment Date: 17 August 2016.

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