4 Sept 2020
SMITH v HILLS [2020] NZHC 2293
- Citation
- [2020] NZHC 2293
- Court
- High Court
The statement of claim discloses no reasonably arguable causes of action because the complained conduct largely pre-dates the defendants' appointment as executors and consists of family arrangements or settled contractual matters (penalty interest was contractually payable and settled; tenancy was a family arrangement with no sufficient evidence of fraud; the vehicle claim is contradicted by subsequent wills and facts); disclosure by executors is adequate; therefore the proceedings are struck out under r15.1 High Court Rules 2016.