14 Nov 2019
GAVIN v POWELL [2019] NZHC 2981
- Citation
- [2019] NZHC 2981
- Court
- High Court
The amended statement of claim must be redrafted to (a) plead separately against each defendant the factual bases for alleged lack of authority and breaches, (b) include alternative pleading that, if defendants were unauthorised, they assumed trustee duties as trustees de son tort, and (c) avoid relitigating settled issues about settlor's intentions or introducing pre-11 August 2014 matters which would be an abuse of process; pleadings may be particularised on information from Ms Ballinger's earlier affidavit though pleadings are not evidence; the specific requests for historic Kensal audited…