4 Aug 2023
CRAIG v THE NEW ZEALAND GUARDIAN TRUST COMPANY LIMITED [2023] NZHC 2058
- Citation
- [2023] NZHC 2058
- Court
- High Court
Leave to bring the summary judgment application was granted because delay was minimal and no miscarriage of justice was shown, but the defendants' substantive application for summary judgment was dismissed because there are disputed and material factual issues—notably nexus between promise and services, adequacy of remuneration (including effect of the 1984 Agreement), and allegations of unconscionability/duress—that cannot be resolved confidently on affidavits and require a full hearing and possible expert evidence.