Gough v Timbalok New Zealand Ltd - [1997] 1 NZLR 303

Practice and procedure — Summary judgment — Defences by way of cross-claims — Building contract provided for progress payments — Whether allegation of poor workmanship giving rise to a plea of abatement a good defence — Whether alleged delay of contractor giving rise to a cross-claim a good defence — Whether building contract provided a code regulating the parties' rights and obligations.

Contract — Building contract — Progress payments — Whether contract provided a code for regulating the parties' rights and obligations — Whether allegation of poor workmanship giving rise to a plea of abatement a good defence to summary judgment on progress payment due — Whether alleged delay of contractor giving rise to a cross-claim a good defence to summary judgment on progress payment due.