16 Mar 2015
ALLOWAY v BOND [2015] NZHC 487
- Citation
- [2015] NZHC 487
- Court
- High Court
The strike‑out application was dismissed because, taking the pleaded facts as true, the plaintiff's claim under s 8 of the Domestic Actions Act is not clearly untenable: some items (eg engagement ring) may be sufficiently connected to the agreement to marry; additionally conversion, trespass and negligence causes of action are distinct and not readily resolved in the Family Court property proceedings, so the proceedings should not be struck out at this interlocutory stage.