Gill & McAsey v Wainui Timber Co Ltd - [1992] 1 NZLR 1

Practice and procedure — Summary judgment — Master's jurisdiction to deal with application — Solicitors' undertaking to pay from client's funds accounts for building materials supplied to client — Liability accepted by solicitors but quantum disputed — Proper construction of undertaking — Point at which undertaking could be enforced — Conflict in evidence as to rate at which client was to be charged for materials — Whether building supplier's claim for interest was sustainable — Whether any arguable defence requiring to be resolved at trial.

Law practitioners — Solicitors' undertaking — Solicitors' undertaking to pay from client's funds accounts for building materials supplied to client — Proper construction of undertaking — Point at which undertaking could be enforced — Proceedings commenced by statement of claim — Whether Master had jurisdiction to enter judgment.