24 Apr 2019
HOWARTH v HOWARTH [2019] NZHC 898
- Citation
- [2019] NZHC 898
- Court
- High Court
Summary judgment was dismissed because there are genuine and material conflicts of evidence on central factual issues (whether payments were loans or gifts and whether the defendant unreasonably refused investigation) so the defendant cannot be said to have no arguable defence; those issues require trial-level fact findings and credibility assessments before any exercise of the s21/s51 removal discretion.