16 Feb 2021
DRUMMOND v DRUMMOND [2021] NZHC 175
- Citation
- [2021] NZHC 175
- Court
- High Court
Summary judgment was dismissed because the defendant had an arguable and interdependent counterclaim/set-off arising from the company's jointly recorded indebtedness ($447,791) which materially affects the plaintiff's claim; therefore the plaintiff failed to show the defendant had no defence, and the court exercised its discretion (including r12.12(2)(b)) to dismiss the summary judgment application and direct that the competing claims be resolved at trial. Leave under s165 was granted but did not justify summary relief.