31 Mar 2010
WESTPAC NEW ZEALAND LIMITED V AUCKLAND FINANCE LIMITED HC AK CIV 2008-404-002431
- Citation
- openlaw-7e3c57d3_1c91_4914_9b44_8d09e9c91054.pdf
- Court
- High Court
The strikeout application was dismissed because the amended statement of claim materially altered the pleaded case by alleging the payment was made by Anzani 2002 (a party bound by the deeds of priority), Judge Hole did not make a final finding on who made the payment, and factual matrix and discovery are required to determine whether clauses 7.1 and 7.3 were breached and a trust arose.