Thomson v Woolford - [1987] 1 NZLR 604

Practice and procedure — Summary judgment — Breach of agreement for sale and purchase — Affidavit in support of application for summary judgment did not contain an averment as to the plaintiff's belief that the defendant had no defence — Application by the defendant to issue a third party notice — Whether defects in plaintiff's affidavit may be cured by filing subsequent documents — Whether application for summary judgment to which the plaintiff was otherwise entitled should be frustrated by the application to issue a third party notice — Whether the summary judgment procedure is appropriate in a claim for damages arising out of breach of contract — High Court Rules, R 138.