New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Reasonable expectations constructive trust
  • 23 Jul 2020

    ANDREASSEND v LIANG [2020] NZHC 1782

    Citation
    [2020] NZHC 1782
    Court
    High Court

    The Court refused to strike out the claim against the third defendant because the affidavit evidence was not so clear, complete and uncontradicted as to show the claim could not possibly succeed; omissions and inconsistencies in the affidavits and missing bank statements left open a reasonably arguable claim. The Court ordered the plaintiff to file an amended statement of claim (by 18 September 2020) that gives defendants sufficient notice of the case to meet, permitted some general pleading pending discovery, and directed the plaintiff to comply with r 8.4 initial disclosure on filing the am…