19 Aug 2009
JAGGAR & ORS V JAGGAR & ORS HC CHCH CIV-2008-409-002241
- Citation
- openlaw-fc1bdbc7_2db4_4f8f_909b_6ad51aefd050.pdf
- Court
- High Court
Summary judgment entered for the Kelby Trust ordering payment of 50% of the solicitors' trust funds because the deed of resettlement and trust terms created an unequivocal entitlement and any solicitor's lien did not attach to funds held for a specified purpose; summary judgment was refused in respect of ownership of the resource consent because material factual issues (parties' common intention, scope of easement, quantity of water rights and possible mistake or need for rectification) required trial evidence and could not be resolved on affidavit material.