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Precision Earthworx (2013) Limited v Burgess Crowley Civil Limited [2016] NZDC 11762

Published 17 February 2017

Summary judgment — Pemberton v Chappell [1987] 1 NZLR 1 — Krukziener v Hanover Finance Limited (2008) NZCA 187. Summary judgment was entered for the plaintiff in the sum of $93,595.05 with interest and costs on a 2B basis. Judgment was entered having considered relevant case law on summary judgments, which are available if there is no bona fide defence to the claim, and the Court is left without any real doubt or uncertainty on the matter ("Pemberton"). It is not for the Court to resolve genuine disputes of evidence or assess the credibility of deponents, but it need not accept evidence uncritically ("Krukziener"). Judgment Date: 28 June 2016.

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