Moynihan v Attorney-General - [1957] NZLR 347

Practice — Trial — Trial before Judge and Jury or before Judge alone — Action claiming Declaratory Orders and Damages — Construction of Documents and Breaches of Contract and Intricate Matters of Accountancy involved — Complicated Questions involving Issues both of Law and Fact — Trial before Judge alone More Convenient and best suited effectively and speedily to dispose of Such Issues, considering Interests of Parties.

Practice — Striking out Pleadings — Statement of Claim — Prayers for Relief by Way of Declaratory Orders in Addition to Claim for Damages — Plaintiffs entitled to obtain Equitable Remedies sought — Such Procedure likely to result in Saving of Expense to Parties — Motion to strike out Claim for Equitable Relief refused.