2 Mar 2015
H and H v S [2015] NZHC 310
- Citation
- [2015] NZHC 310
- Court
- High Court
The strike-out application was dismissed because defendants' illegality defences and related counterclaim pleaded matters that were at least arguable: title to funds may be governed by foreign law (lex situs for movables) and therefore illegality defences were not plainly untenable; allegations as to foreign revenue law did not amount to an attempt by a foreign state to enforce penalties; by suing their solicitor plaintiffs effectively put privileged communications in issue and defendants may rely on those communications to the extent necessary to establish defences; accordingly pleadings can…