29 Apr 2019
LOCHAR ESTATE LIMITED (in liq) v DONALDSON [2019] NZHC 911
- Citation
- [2019] NZHC 911
- Court
- High Court
Summary judgment was dismissed because there are competing, equally arguable legal characterisations of the put/repurchase transaction (loan/advance to company, advance to/loan from director, or trust/agency for overseas investors) and material issues of fact and intention that require viva voce evidence and cross-examination; plaintiff did not establish defendant had no real defence.