29 Sept 2017
POLLOCK & ANOR v WASHER & ANOR [2017] NZHC 2386
- Citation
- [2017] NZHC 2386
- Court
- High Court
The appeal is dismissed because the Family Court did not err in exercise of its discretion under s24(2); the judge properly balanced the long unexplained delay (about 21 years), the weak and largely uncorroborated evidential basis for the alleged oral trust, the evidential prejudice caused by the deaths of key witnesses, and the real prejudice to respondents from upsetting long-settled affairs, and correctly concluded that in all the circumstances it was not in the interests of justice to grant leave to file proceedings out of time.