27 Jul 2021
GALLAGHER v GRANT [2021] NZHC 1907
- Citation
- [2021] NZHC 1907
- Court
- High Court
Leave was granted to commence the combined caveat removal and s 339 sale proceeding by originating application because the issues are related and primarily statutory, the factual issues are definable and can be addressed on affidavit, there is no apparent prejudice or need for extensive discovery or additional parties, and the applicant beneficiary's advanced age and potential urgent need for funds make a speedy, inexpensive determination in the interests of justice.