10 Oct 2016
Day v The Official Assignee [2016] NZHC 2400
- Citation
- [2016] NZHC 2400
- Court
- High Court
Application dismissed in part and adjourned in part. The funding arrangement did not amount to champerty or maintenance warranting striking out or stay because the funder had no control over litigation and did not expect a direct return; the assignment of Towers' debt was not void as an assignment of a bare right because plaintiff had a genuine commercial interest; issue estoppel failed because parties and issues were not the same and central matters were unresolved in Williams v Hill; fraud allegations were insufficiently particular and the plaintiff was ordered to replead causes of action u…