29 Apr 2013
BERGMAN V BERGMAN HC WHA CIV-2012-488-830
- Citation
- openlaw-93b9f9d0_4074_4d36_9aa3_d1b7be4e9ab6.pdf
- Court
- High Court
Defendant's summary judgment applications were dismissed because he failed to establish, on the balance of probabilities, an incontestable defence or that the plaintiff cannot succeed: the defence rests on unsigned, notional calculations and disputed factual assertions about timber rights, joint venture profits and transfers between companies; the evidence is piecemeal and contested and requires discovery and cross-examination, so summary judgment under R136(2) is inappropriate.