18 Feb 2022
SO v SHI [2022] NZHC 214
- Citation
- [2022] NZHC 214
- Court
- High Court
The Court refused the stay because the High Court is entitled to determine a discrete legal ownership issue where the plaintiff did not originate the Family Court proceedings, was served late, and the High Court determination would efficiently resolve the threshold ownership of shares needed for the Family Court. The first defendant's asserted defences (non est factum, promissory estoppel, laches) were held not arguable on the evidence: the deed was contemporaneous, correctly recorded intentions, was acted upon by the defendants (rental apportionment) and there was no reliable evidence that t…