14 Feb 2018
FORIS & Anor v SANCTUARY ONE TRUSTEES LIMITED AS TRUSTEE OF SANCTUARY ONE TRUST & Anor[2018] NZHC 139
- Citation
- [2018] NZHC 139
- Court
- High Court
Summary judgment was dismissed because there were sufficient disputes of fact and credibility that made summary disposal inappropriate, the remedy sought (order for sale) was not suitable on the material before the court, and there was arguable lack of jurisdiction because the mortgagee had not been served, so the plaintiffs must proceed to trial or other appropriate process.