16 Jun 2023
WYLLIE and LATHAM v FIRMIN [2023] NZHC 1489
- Citation
- [2023] NZHC 1489
- Court
- High Court
Leave to appeal was declined because the alleged breach of natural justice was not established: the contractual basis for the caveat had been raised in hearing and counsel had opportunity to seek adjournment or appeal within time; the matter was moot because the current executor will abide the decision and will not seek to lapse the caveat or evict the caveator; further and better particulars were unnecessary because the amended statement of claim gave fair notice of the contractual alternative; security for costs was declined because there was no credible evidence the plaintiff would be unab…