3 Jun 2020
POOL v SUMMERLEE AND PERPETUAL TRUST LIMITED [2020] NZHC 1187
- Citation
- [2020] NZHC 1187
- Court
- High Court
The statement of claim was struck out because the proceeding was rendered academic by the sale of the property and was inconsistent with the prior judgment (Summerlee v Pool), constituting a collateral attack and abuse of process under r 15.1(1)(d) High Court Rules 2016; costs were awarded to defendants on a 2B basis with disbursements, jointly and severally against both plaintiffs, and Perpetual Trust Limited was added as a defendant pursuant to the earlier vesting order.