Grant v NZMC Ltd - [1989] 1 NZLR 8

Practice and procedure — Set-off — Cross-claim — Tenant had contracted with landlord to pay the rent free of any deduction — Tenant failed to pay the rent and landlord sued for arrears seeking summary judgment — Tenant claimed breach by landlord of collateral contract causing tenant losses which he sought to set-off — Summary judgment was entered — Whether tenant was entitled to claim set-off based on losses arising from collateral contract — Whether obligation on tenant to pay the rent free of any deduction excluded right to set-off — Whether summary judgment should be set aside.