23 Nov 2017
SMITH & STOKES v NOBLE INVESTMENTS LTD [2017] NZHC 2885
- Citation
- [2017] NZHC 2885
- Court
- High Court
Counterclaimants (NIL and AFL) were not struck out against Philpott and Lindsay because, assuming pleaded facts true, claims were not clearly untenable despite serious evidentiary and pleading deficiencies; GBF's ninth cause of action (challenge to security sharing) struck out and summary judgment would have been entered because GBF's arrangements were lawful security-sharing/trust arrangements and did not breach s84; GBF granted summary judgment on tenth cause because plaintiffs failed to tender redemption amount (full secured debt) and thus could not succeed; Delta granted summary judgment…