25 May 2018
TROTT v BARNETT [2018] NZHC 1191
- Citation
- [2018] NZHC 1191
- Court
- High Court
The counterclaim was not struck out because facts about the will, the treatment of the shareholders' account and the defendants' knowledge raise factual and legal issues (constructive trust and accrual) that cannot be determined as untenable on pleadings alone; security for costs was refused because affidavits did not establish a reason to believe the defendants could not pay; tailored discovery was granted as necessary for the defendants' accounting expert; costs were awarded to defendants for the interlocutory applications on a 2B basis plus disbursements.