SMITH v BALL [2017] NZHC 3231

SMITH v BALL [2017] NZHC 3231

Leave to file a notice of opposition and statement of defence was granted because the delay was short, a satisfactory explanation was provided, and the plaintiff would not suffer prejudice, so the interests of justice required granting leave and adjourning the summary judgment application.

Citation
[2017] NZHC 3231
Parties
Plaintiff: Sahra Ling Smith; First Defendant: Roger Neville Ball; Second Defendant: Crystal Mint Development Limited; Third Defendant: Crystal Mint Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
19 December 2017
Procedural Posture
Civil Summary Judgment (estate Administration) / Application for Summary Judgment; Interlocutory Application for Leave to File Opposition Granted and Substantive Hearing Adjourned
Outcome
Leave granted to the defendants to file a notice of opposition, affidavits in opposition and a statement of defence; summary judgment application adjourned; costs reserved.
Legal Topics
Summary Judgment, Leave to File Defence, Executor Duties, Transfer of Shares, Return of Estate Documents, Scope of Relief
Estate Law Trusts Civil Procedure Company Law Summary Judgment Leave to File Defence Executor Duties Transfer of Shares +2 more

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Parties

Sahra Ling Smith

Plaintiff

Roger Neville Ball

First Defendant

Crystal Mint Development Limited

Second Defendant

Crystal Mint Limited

Third Defendant

Procedural Posture

Civil Summary Judgment (estate Administration) / Application for Summary Judgment; Interlocutory Application for Leave to File Opposition Granted and Substantive Hearing Adjourned

Legal Issues

  1. 1 Whether the defendants should be granted leave to file a notice of opposition and statement of defence out of time under the High Court Rules
  2. 2 Whether summary judgment should be entered requiring transfer of shares and return of estate documents
  3. 3 Ambit and scope of the order sought for return of estate documents

Ratio Decidendi

Leave to file a notice of opposition and statement of defence was granted because the delay was short, a satisfactory explanation was provided, and the plaintiff would not suffer prejudice, so the interests of justice required granting leave and adjourning the summary judgment application.

Court Disposition

Leave granted to the defendants to file a notice of opposition, affidavits in opposition and a statement of defence; summary judgment application adjourned; costs reserved.

Orders

  • Leave granted to the defendants to file a notice of opposition and affidavits in opposition and a statement of defence
  • The summary judgment application is adjourned to 9.00 am on 13 February 2018