16 Jun 2023
O’DONOGHUE v COMIA [2023] NZHC 1495
- Citation
- [2023] NZHC 1495
- Court
- High Court
Discovery of the entire WRMK file relating to the sale of 15 Old Parua Bay Road and the 6 April 2020 settlement agreement was ordered because the documents are directly relevant to whether the defendant contracted out of his intestacy entitlement and to contested factual issues bearing on enforceability; no effective privilege objection was raised to prevent disclosure and discovery before summary judgment was justified to enable the Court to determine whether a genuine defence exists.