13 Apr 2022
CLARK v CLARK [2022] NZHC 786
- Citation
- [2022] NZHC 786
- Court
- High Court
Summary judgment was dismissed because the plaintiff's sole claim is founded on loan agreements signed after the advances; material factual issues exist as to whether those agreements reflect the parties' contemporaneous intention, and there is credible evidence raising real doubt (possible sham, duress, misleading affidavit evidence, unworkable terms and lack of implementation) such that the defendant has a tenable defence and a full hearing is required.