26 Sept 2023
MILLS v FENG [2023] NZHC 2674
- Citation
- [2023] NZHC 2674
- Court
- High Court
The court struck out Feng's claims against the Mills Trust as not reasonably arguable because the claims were irrelevant to liability under the signed sale and purchase agreement, raised matters that could and should have been advanced in the summary judgment proceeding, did not establish a duty of care or a Fair Trading Act cause against a non‑trading vendor, and therefore did not constitute a genuine triable cross‑claim; accordingly the application to set aside the bankruptcy notice was dismissed.