New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Conflicting affidavit evidence

Legal area

Court

18 Aug 2023

MACDONALD v MACDONALD [2023] NZHC 2255

Citation

[2023] NZHC 2255
Court

High Court

Summary judgment was dismissed because there is a genuine and material conflict of evidence (including equivocal evidence from the solicitor who prepared the documents) that gives rise to a real question to be tried; plaintiffs did not satisfy the onus under r 12.2 to show the defendant had no defence.
6 May 2010

THE OFFICIAL ASSIGNEE IN BANKRUPTCY IN THE ESTATE OF ALASDAIR STRUAN CLARK V SANDRA GAYLENE HERBERT HC NAP CIV-2009-020-446

Citation

openlaw-24b8b30f_a3ba_4296_a9c9_d5d696117890.pdf
Court

Unknown Court

Summary judgment dismissed because there are genuine, direct conflicts in affidavit evidence as to whether the repayments were made personally by the bankrupt or by the London company through him as trustee, requiring a trial and cross‑examination; the plaintiff failed to show the defendant had no defence under r 12.2.