8 Mar 2022
DONG QIAN v JIAQING DONG [2022] NZHC 378
- Citation
- [2022] NZHC 378
- Court
- High Court
Leave was granted for the third defendant to apply for summary judgment after filing a statement of defence because the delay was satisfactorily explained and plaintiffs did not oppose leave; however the substantive summary judgment was dismissed because the defendant did not discharge the onus under r 12.2(2) — material disputes of fact, issues of credibility and documentary gaps meant the plaintiffs' causes of action could not be shown incapable of success and required trial.