10 Feb 2017
FRASER v BUTLER [2017] NZHC 120
- Citation
- (2017) 18 NZCPR 358
- Court
- High Court
Plaintiff holds a present equitable ownership interest and therefore qualifies as a 'co-owner' for the purposes of ss339 and 341 of the Property Law Act 2007; the strike-out application was dismissed because issues of standing, enforceability of the deed, necessity of BNZ consent and factual disputes about compliance with clause 5 raise contested questions of fact and law unsuitable for summary disposal; specific performance and damages claims are reasonably arguable and require trial-level determination with particulars of loss ordered.