24 Mar 2015
POTTER v DUFFY [2015] NZHC 544
- Citation
- [2015] NZHC 544
- Court
- High Court
Summary judgment was declined because genuine and material disputes of fact and law existed: s339 of the Property Law Act cannot be used on the present pleadings to distribute trust assets to beneficiaries of a single discretionary trust; necessary parties (ASB Bank as mortgagee and the children as final beneficiaries) had not been served and could not be dispensed with; removal of trustee was not inevitable on the present record because resettlement under clause 8.1 of the trust deed presented an arguable alternative; therefore respondent had an arguable defence and summary judgment was inap…