Court of Appeal Wellington
30 October; 12 December 1986
Somers, Casey and Hillyer JJ
30 October; 12 December 1986
Somers, Casey and Hillyer JJ
Practice and procedure — Summary judgment — Approach to summary judgment applications — Onus of proof — Monthly tenant and landlord signed a memorandum of agreement to lease for eight years but formal lease was not signed — Landlord served notice to quit — Affidavits disclosed disputed questions of fact — Whether summary judgment should have been refused — High Court Rules, R 136.
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