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Envisage Construction Limited v Bulmer [2016] NZDC 15293

Published 25 November 2016

Envisage Construction Limited v Bulmer [2016] NZDC 15293 Breach of contract — building dispute — application for summary judgment — District Courts Rules 2014, Part 12 —Construction Contracts Act 2002, ss 20, 21 and 24 — Construction Contracts Amendment Act 2015 — Gidden v IAG New Zealand Ltd [2016] NZHC 948 — Grant v NZMC Ltd [1989] 1 NZLR 8. The plaintiff’s application for summary judgment was granted. The defendants had breached their contract with the building company in failing to pay an invoice. The Judge noted the starting point for summary judgment is set out in r 12.2 of the DCR. The plaintiff must satisfy the Court that the defendant has no defence to any cause of action in the statement of claim. The dispute was not within the ambit of the Construction Contracts Act as there was no challenge to the legitimacy of the payment claim issued by the plaintiff, nor the payment schedule issued by the defendant in return. Judgment Date: 15 August 2016.

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