15 Aug 2013
HERRON v WALLACE [2013] NZHC 2073
- Citation
- [2013] NZHC 2073
- Court
- High Court
The plaintiff failed to satisfy r12.4(5)(b) because his affidavit did not verify material allegations nor depose to a belief that defendants had no defence, and he failed to prove he was the trustee or had authority to bind the Churchside Trust; accordingly he did not show the defendants had no arguable defence that the debts vested in the Official Assignee or that he acted personally without authority, so summary judgment could not be granted.