14 Apr 2021
SAIN v JOSEPH ERCEG [2021] NZHC 761
- Citation
- [2021] NZHC 761
- Court
- High Court
Summary judgment and strike‑out were inappropriate because the plaintiff's oral trust claim, though weak, was arguable and genuine factual and legal disputes remained that required full hearing and disclosure: the caveat ruling was interlocutory and did not estop full litigation; limitation did not bar the beneficiary's claim under Limitation Act 1950 s21(1)(b) (preserved by Limitation Act 2010 savings) and the question whether the statutory writing requirement is defeated by equitable fraud principles requires trial; laches could not fairly be determined without plaintiff evidence; pleadings…