New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Property (relationships) act 1976 s 44b
  • 7 Jul 2015

    POROS v BAX [2015] NZHC 1579

    Citation
    [2015] NZHC 1579
    Court
    High Court

    The applicant could already formulate a sufficient relationship property claim under the PRA from documents and information in his possession; the documents sought were primarily evidential and not necessary to plead the claim, and the court would not order pre-commencement discovery against third parties (the parents/trustees) who were not properly joined or given notice under r 8.20, therefore the interlocutory application for pre-commencement discovery was dismissed.

    • Pre-commencement discovery
    • High court rules r 8.20
    • Pleading requirements r 5.26
    • Property (relationships) act 1976 s 44b
    • Trust deed disclosure
    • Constructive and resulting trusts