17 Jul 2014
MURRAY v MURRAY [2014] NZHC 1684
- Citation
- [2014] NZHC 1684
- Court
- High Court
Summary judgment was dismissed because genuine and material factual disputes exist (contractual nexus, rates, hours, accountings, potential fiduciary breaches and an alleged set-off) such that the plaintiffs' claim cannot be said to be bound to fail; the Westpac/Kembla test for disposing of the case summarily was not met; matter must proceed to full hearing in the District Court to resolve factual issues.