Roberts' Family Investments Ltd v Total Fitness Centre (Wellington) Ltd - [1989] 1 NZLR 15

Practice and procedure — Summary judgment — Approach to summary judgment applications — Landlord leased premises to tenant and when rental was in arrears re-entered and distrained tenant's goods — Landlord sought summary judgment for arrears, interest at bank rate, damages for loss of rental and costs of reletting — Tenant disputed quantum of arrears, denied liability on other claims, alleged misrepresentation and counterclaimed — Principles of summary judgment discussed — Whether landlord was entitled to summary judgment limited to liability only, with quantum to be determined at trial — Whether counterclaim precluded entry of summary judgment — High Court Rules, R 136.