New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Removal and substitution of trustees

Legal area

Court

20 Mar 2020

BODY CORPORATE 68792 v MEMELINK AND CISCA FORSTER AS TRUSTEES OF LINK TRUST NO. 1 [2020] NZHC 594

Citation

[2020] NZHC 594
Court

High Court

The ex parte application for leave to commence by originating application was dismissed because the issues raised involved disputed facts and contested matters that require commencement by statement of claim and statement of defence under the High Court Rules; the Court nonetheless directed expedited timetabling for pleadings and a prompt case management conference to address the urgency.
1 Nov 2019

ASH v SINGH [2019] NZHC 2878

Citation

[2019] NZHC 2878
Court

High Court

Application dismissed because the balance of convenience favoured refusing a separate priority trial: a decision on the first cause of action was unlikely to finally resolve the litigation (the third cause of action alleging unauthorised loans would survive), a preliminary hearing risked derailing the scheduled 2021 trials because appeals were likely and unlikely to be resolved in time, credibility issues were better assessed by a single judge hearing all evidence, and the plaintiff would be prejudiced by needing to attend multiple hearings.