31 Aug 2015
KIDD v VAN HEEREN [2015] NZHC 2082
- Citation
- [2015] NZHC 2082
- Court
- High Court
The defendant failed to discharge the onus of proving he is presently unable to comply with the USD25m interim payment; his affidavits were unsatisfactory and did not rebut the issue estoppel arising from the South African judgment or show lack of indirect control over partnership assets, therefore the Court dismissed the variation and discovery applications and upheld the original orders requiring the interim payment and accounting process.