14 Mar 2012
TJ SWAIN AND MR WARD AS TRUSTEES OF THE TIM SWAIN FAMILY TRUST V TJ SWAIN, ES SWAIN AND HAWKES BAY NOMINEES LIMITED AS TRUSTEES OF THE T&E SWAIN FAMILY TRUST HC PMN CIV-2011-454-717
- Citation
- openlaw-e6c11133_4444_4dc1_a933_3ed38252d12d.pdf
- Court
- High Court
Summary judgment was refused because significant factual disputes existed about the nature and source of the transfers; there was insufficient documentary evidence to infer loans from the plaintiff trust, alternative explanations (distributions, gifts, payments routed for other purposes) were plausible, and the intense factual inquiry required made summary determination inappropriate.