Huang v Nanya Ltd [2019] NZDC 3298

Published 23 October 2019

Summary judgment — arguable defence — sale and purchase — disputed facts. The plaintiff sought summary judgment against the defendant company for breach of contract. The contract regarded the sale of the defendant's drycleaning business. The business operated on leased premises and the new landlord wanted to increase the rent. The parties had signed a written agreement for the sum of $100,000, but the defendant ultimately sold the business to a third party. The claimed breaches were for dishonesty and failing to act in good faith, repudiation, and invalidly entering a second agreement thereby abandoning obligations due to the plaintiff. The parties disputed the facts leading to the breakdown in the contract and the third party sale. The Judge noted that in order to award summary judgment there can be no arguable defence. The Judge held that this case was unsuitable for summary judgment as the parties disputed the facts as to how the contract broke down. The application was dismissed. Judgment Date: 27 February 2019.