11 Aug 2015
RJ ZWARST, LT ZWARST and CJ SAXTON as Trustees of the RJ and LT Zwarst Family Trust v DA SAXTON [2015] NZHC 1888
- Citation
- [2015] NZHC 1888
- Court
- High Court
On the evidence before the Court the defendant failed to establish any tenable defence: the period of relevant delay was not attributable to the plaintiffs and did not produce prejudice sufficient to invoke laches, and the alleged misconduct by one trustee (forgery on unrelated documents) was not proven or sufficiently connected to deny the trust's remedy; accordingly summary judgment ordering specific performance was appropriate.