1 Apr 2022
GOLD STAR INVEST LIMITED v V [2022] NZHC 653
- Citation
- [2022] NZHC 653
- Court
- High Court
The application for a split trial under r 10.15 was dismissed because the proposed issue (whether the payments were "distributions" under s 52) was not sufficiently discrete from other pleaded issues (including breaches of s 137 and constructive trust allegations), there was insufficient evidential basis to demonstrate substantial time or cost savings, the application was premature given discovery had not occurred, and a split trial would likely cause delay, duplication and potential multiple appeals.