5 May 2023
KINNON v HONG [2023] NZHC 1052
- Citation
- [2023] NZHC 1052
- Court
- High Court
The counterclaims by Mr Hong are dismissed: the perjury claim is barred by witness immunity for Tribunal evidence; the evidence does not establish that Mr Hong made a loan or advance to the trustees/beneficiaries giving rise to equitable fraud or priority repayment (payments were largely accounting for occupation/use and not loans, except for a single $50,000 payment); and relief seeking declarations as to ownership and caveat on the counterclaim would be abusive/duplicative of the trustees' pending claim; costs awarded in the court's preliminary view against Mr Hong.