26 Aug 2020
HEMI v TYLER [2020] NZHC 2166
- Citation
- [2020] NZHC 2166
- Court
- High Court
On the plaintiff's unchallenged evidential material at interlocutory stage it was at least reasonably arguable that defendant owed fiduciary duties to the plaintiff because, despite corporate form, plaintiff and his partner in substance retained and exercised joint control and defendant accepted and acted under their direction; therefore summary judgment and strike out were inappropriate. The stay application based on duties being owed only to the partnership was rejected. Particular discovery of specified categories of communications and documents was ordered to enable assessment of claimed…