23 Jun 2023
VAN HEEREN v HERMANS [2023] NZHC 1557
- Citation
- [2023] NZHC 1557
- Court
- High Court
The Court refused leave to commence the s133 Trusts Act 2019 proceeding by originating application because the matters require intensive factual inquiry, multiple parties may be affected (including relationship property claims), and the originating application procedure is inappropriate for contested substantive rights and likely interlocutory complexities; however, the Court granted targeted non‑access orders for identified confidential documents under the Senior Courts (Access to Court Documents) Rules 2017 r5. Consequently the trustees' originating application was dismissed.