15 Dec 2014
CASTLE MARSDEN TRUST LTD v VOWLES [2014] NZHC 3220
- Citation
- [2014] NZHC 3220
- Court
- High Court
Summary judgment was refused because significant, disputed factual issues (extent of contributions, alleged loans and renovations, and consequent equity shares) and the fact-sensitive balancing of hardship under s 342 could not be resolved on the papers; the appropriate course is trial/case management to determine entitlements and accompanying orders under ss 339-343.