7 Jun 2023
HELIO TRUSTEES 3 LIMITED v RONALD GRAY TRUSTEE LIMITED [2023] NZHC 1284
- Citation
- [2023] NZHC 1284
- Court
- High Court
The court refused Helio's application for an affidavit-only disposal or separation of the preliminary issue because determination of the validity of the February 2020 deeds would not necessarily dispose of the proceeding given outstanding contested issues (notably Ronald's capacity in July 2021 and the conduct of Tavendale lawyers) that require testing at a full trial; the court refused leave for RGTL to apply for summary judgment because the November 2022 deed did not resolve multiple live factual and legal disputes (protector status, fiduciary exercise, validity of prior deeds, identity of…