3 Sept 2013
A S JOHNSON v M L SIMPSON [2013] NZHC 2285
- Citation
- [2013] NZHC 2285
- Court
- High Court
Leave to appeal was refused because the proposed grounds were predominantly factual disputes (life expectancy and valuation) supported by uncontested medical evidence and differing valuation assumptions, the constructive trust claim lacked the necessary contributions to trust assets and was not advanced below, the new grounds were not raised earlier and do not raise a tenable legal basis, and the monetary difference was insufficient to justify the cost and delay of a second appeal.