10 Sept 2021
MACNAMARA v MACNAMARA [2021] NZHC 2361
- Citation
- [2021] NZHC 2361
- Court
- High Court
The Court directed payment of the $500,000 plus interest because the contemporaneous documentary evidence (the signed Deed of Acknowledgement of Debt), bank records of the 30 May 2008 payment, witness evidence of execution and solicitor's file notes overwhelmingly established the advance was a loan; Mr Macnamara's late, equivocal and inconsistent challenge to signature authenticity was insufficient to meet the threshold for forensic examination and did not create a genuine factual dispute to defeat the trustees' application for directions; the trustees had jurisdiction under the consent order…