11 Mar 2019
ELISHUA v FREELAND [2019] NZHC 398
- Citation
- [2019] NZHC 398
- Court
- High Court
The Court refused to extend time and denied the s 44 and discovery applications because the executor had already provided the relevant estate and trust documents, the estate was small and fully distributed, the applicant failed to produce independent evidence of shortfall or impropriety, the disputed items were minor or explained, and the remaining trust claims require proper pleadings; accordingly leave was refused, specified limbs struck out and the applicant ordered to replead if he wishes to pursue trust claims.