29 Jan 2018
SUNDE v SUNDE [2018] NZHC 2788
- Citation
- [2018] NZHC 2788
- Court
- High Court
Although there was arguable merit to the contention that the attorney's demand may have breached ss97A and 107 PPPRA, such illegality cannot be used as an arguable defence to defeat summary judgment in this context; the proper course is to treat the power's exercise as valid until set aside under s103 PPPRA. However, the court exercised its residual discretion because the dispute is an exceptional, complex family matter and adjourned the summary judgment application to allow a s103 PPPRA challenge and mediation rather than enter judgment immediately.