19 Nov 2015
WHITTLE v WHITTLE & Anor [2015] NZHC 2879
- Citation
- [2015] NZHC 2879
- Court
- High Court
Summary judgment was declined because the plaintiff failed to prove there was no arguable defence: he did not establish the mode of ownership of the debt (tenancy in common v joint tenancy) nor that the debt was repayable on demand, and he therefore failed to show entitlement to unilateral payment; accordingly judgment could not be entered and the residual discretion need not be exercised.