12 Jun 2017
CROSS v CROSS [2017] NZHC 1272
- Citation
- [2017] NZHC 1272
- Court
- High Court
Strike out application was declined because the applicant's claims were not clearly untenable on the pleadings and affidavit material; the contracting out agreement did not unambiguously exclude claims against trusts or remedies under ss44/44C/44F and did not deal with all relationship property, so s21J and rectification claims were arguable and required further factual inquiry rather than summary disposal.