14 Oct 2022
CLARK v CLARK [2022] NZHC 2665
- Citation
- [2022] NZHC 2665
- Court
- High Court
Leave for a second summary judgment application was refused because no special circumstances existed: the new cause of action and additional documents were available to the plaintiff at the time of the first application and do not amount to special circumstances; permitting a second application at this late stage would likely require resolution of disputed factual issues (sham/duress and gift allegations) more appropriately resolved at trial, would cause prejudice and delay, and be disproportionate. On particular discovery r 8.19, only four email attachments (GBC108, GBC115, GBC142, GBC264) w…