20 Jul 2015
BROOKMILL FINANCE LIMITED v AARON DAWSON [2015] NZHC 1682
- Citation
- [2015] NZHC 1682
- Court
- High Court
The plaintiff met the s76 threshold: there is a tenable arguable case that the shares may be subject to security (either because the defendant was beneficial owner or because trustees may have agreed or could be demonstrated to have agreed), and the claim is suited to litigation rather than merely a proof of debt; therefore leave to continue the proceeding under s76(2) is granted, while noting that subjective extrinsic evidence is generally inadmissible for contract interpretation and further interlocutory probing may be required to resolve trust ownership and authority issues.