5 Apr 2018
BANKS v FARMER & ORS [2018] NZHC 604
- Citation
- [2018] NZHC 604
- Court
- High Court
The High Court upheld the Associate Judge's decision and assumed jurisdiction because there was a sufficiently plausible evidential foundation that Mr Banks was not a habitual investor for the purposes of the Securities Act and questions about the source of funds did not defeat the statutory and contractual causes of action; factual disputes and credibility issues are matters for trial after disclosure and evidence exchange; alternatively leave to serve would have been granted and the failure to obtain leave is excused, so the protest was properly set aside.