3 Jul 2020
BIGNELL v NELSON SUN CLUB INCORPORATED [2020] NZHC 1553
- Citation
- [2020] NZHC 1553
- Court
- High Court
The Court exercised its s119(2) discretion and ordered the disclaimed cause of action vested in the applicant because the claim is reasonably arguable and raises factual issues requiring a trial, there was no demonstrable undue delay or prejudice to the respondent, the Official Assignee had no incentive to pursue the membership restoration claim, and the respondent will face similar proceedings from the applicant's spouse, so fairness favoured vesting.