(New Zealand) The respondent sponsored motor racing events in New Zealand. The company had failed to deliver the races agreed, and went into liquidation. The appellants had guaranteed its obligations. Summary judgement had been sought but refused, because it could not be said that the appellants had no arguable defence. The appellants appealed the reversal of that judgement. They argued that the respondents had contributed to the default.
Held: By the time the respondents announced that the races would not be run, thereby contributing further to the difficulties, earlier races had already not been run, and the right to refund had already arisen. Appeal refused.
Judges:
Lord Bingham of Cornhill Lord Hobhouse of Woodborough Lord Scott of Foscote Sir Martin Nourse Sir Kenneth Keith
Citations:
23 of 2001, [2001] UKPC 57
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Pemberton v Chappell 12-Dec-1986
Court of Appeal of New Zealand – The question on a summary judgment application is whether the defendant has no defence to the claim; that is, that there is no real question to be tried. . .
Lists of cited by and citing cases may be incomplete.
Company
Updated: 29 June 2022; Ref: scu.167072