16 Mar 2023
VINCENT v VINCENT FAMILY CORPORATE TRUST LTD [2023] NZHC 525
- Citation
- [2023] NZHC 525
- Court
- High Court
The Court refused all three interlocutory applications: the second cause of action was not struck out because it was not clearly untenable and raised reasonably arguable issues (including disputed interpretation of the Trust Deeds and the relevance of Hayward and Beddoe); the proceeding was not dismissed for want of prosecution because pre‑issue delay and post‑issue delays were not shown to be inordinate, inexcusable and causative of serious prejudice and justice could still be done; and security for costs was refused because the Trustee did not establish a credible inference that the plainti…