6 Mar 2012
PA'U V WESTPAC NEW ZEALAND LIMITED HC AK CIV 2011-404-3676
- Citation
- openlaw-59665ca7_c4a0_4acf_8009_93f7e36db212.pdf
- Court
- High Court
The District Court judge was correct to refuse strike out because the pleadings disclosed a reasonably arguable cause of action; Westpac must adduce sufficient evidence to prove the quantum on the Visa Gold account given missing earlier statements and to establish the appellant as liable for the Encore account; there was no evidence of an operative insurance policy, and the matter is remitted to the District Court for determination of quantum and party liability; no costs awarded on appeal.