Elders Pastoral Ltd v Gibbs - [1988] 1 NZLR 596

Practice and procedure — Summary judgment — Pre-incorporation contract — Defendant opened a charge account using the name of a company to be formed — Company was incorporated more than a year after charge account was opened — During that year goods and other charges had been debited to the account — Plaintiff sought summary judgment against defendant personally for the balance owing on the charge account — Whether defendant had an arguable defence — Whether plaintiff was entitled to summary judgment.