6 Sept 2013
ROSEBUD CORPORATE TRUSTEE LIMITED v P N BUBLITZ & ORS [2013] NZHC 2324
- Citation
- [2013] NZHC 2324
- Court
- High Court
The summary judgment applications were dismissed because material factual disputes exist about ownership and assignment of rights (including whether Nielsen owned or held rights on trust), about whether rights vested in the Official Assignee on bankruptcy, and about the existence and transferability of Lot 53 and stage two obligations; these disputes cannot be resolved on the interlocutory summary judgment record and require full trial, so summary disposal was inappropriate.