Court of Appeal Wellington
8 September; 14 October 1987
Somers, Casey and Bisson JJ
8 September; 14 October 1987
Somers, Casey and Bisson JJ
Practice and procedure — Summary judgment — Plaintiff sued directors of company on their personal guarantee of a loan to the company and sought summary judgment, which the directors resisted alleging misrepresentation and mistake — Affidavit disclosed no misrepresentation and that any mistake was caused by the directors — No further evidence was available — Whether summary judgment should be entered — High Court Rules, RR 135 and 136.
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