22 Nov 2016
STRACK v GREY [2016] NZHC 2792
- Citation
- [2016] NZHC 2792
- Court
- High Court
The associate judge was correct to find the disqualification application premature: the mere possibility that a solicitor may be called as a witness does not trigger r13.5 unless the evidence would be of a contentious nature or the solicitor's conduct/advice is truly in issue. There was no evidence at the time the application was filed that Mr Crush's evidence would be contentious or that his conduct/advice was a material issue; accordingly the disqualification and costs claim by the applicant failed and the associate judge's costs award to the trustees on a 2B basis was upheld.