8 Aug 2018
SHENG v ZHAN [2018] NZHC 2012
- Citation
- [2018] NZHC 2012
- Court
- High Court
Permission to commence the proposed proceeding by originating application is declined because, although HCR 19.5(2) permits seeking permission without notice, the proposed relief goes beyond simple removal of a trustee, conflicts with the parties' separation agreement, and raises issues requiring ordinary proceedings and interlocutory mechanisms; therefore it is not in the interests of justice to allow commencement by originating application.