12 Feb 2019
GIBBSTON COMMUNITY WATER COMPANY 2014 LIMITED v TOMANOVICH HOLDINGS LIMITED [2019] NZCA 7
- Citation
- [2019] NZCA 7
- Court
- Court of Appeal
The appeal was dismissed; strike-out was not justified because there exists a genuine, bona fide dispute as to the true value of the water scheme requiring expert evidence, the rejection of the settlement offer did not demonstrate an improper collateral purpose, Mr Henderson's involvement did not alone amount to abuse of process, and the High Court judge had properly conducted a global merits-based assessment concluding, narrowly, the proceeding was not an abuse of process.