20 Apr 2021
ROUND v ROUND [2021] NZHC 827
- Citation
- [2021] NZHC 827
- Court
- High Court
Applicant failed to discharge the onus under s119(3) because he produced insufficient evidence, the proposed Family Protection Act claim had negligible prospects given undisputed misconduct (undue influence, misapplication of estate funds, rent-free occupation) which disentitles him to relief, and vesting would be unfair and prejudicial to the estate and third parties; accordingly the application to vest disclaimed litigation rights was dismissed.