26 Sept 2014
IAIN BRUCE SHEPHARD AND CHRISTINE MARGARET DUNPHY v MALCOLM EDWARD RABSON [2014] NZHC 2371
- Citation
- [2014] NZHC 2371
- Court
- High Court
Summary judgment was refused because the second defendants failed to prove a complete defence: significant factual disputes exist about whether and how alleged repayments were made, material documentary evidence and trust/accounts records were not produced, payments routed through Casino lack formal authorization and provenance, and the issues require trial resolution; trustees were properly joined as interested parties.