ARRANMORE DEVELOPMENTS LIMITED v ZHANG [2015] NZHC 2413

ARRANMORE DEVELOPMENTS LIMITED v ZHANG [2015] NZHC 2413

Defendant failed to prove non-service or miscarriage of justice: contemporaneous process-server affidavits and reporting email established service and Associate Judge Abbott validly dispensed with service; defendant's alleged defences were not substantial or credible; accordingly the application to set aside the October 2010 liability judgment is dismissed.

Citation
[2015] NZHC 2413
Parties
Plaintiff/respondent: Arranmore Developments Limited; Defendant/applicant: Qiyuan Zhang
Court
High Court
Jurisdiction
New Zealand
Judgment Date
2 October 2015
Procedural Posture
Civil (contract Sale of Land) / Application to Set Aside Prior Judgment (post Judgment Summary Judgment Application)
Outcome
Application to set aside the October 2010 judgment dismissed.
Legal Topics
Specific Performance, Setting Aside Judgment, Service of Process, Summary Judgment, Misrepresentation, Damages, Costs
Contract Civil Procedure Property Equity Remedies Specific Performance Setting Aside Judgment Service of Process +4 more

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Parties

Arranmore Developments Limited

Plaintiff/respondent

Qiyuan Zhang

Defendant/applicant

Procedural Posture

Civil (contract Sale of Land) / Application to Set Aside Prior Judgment (post Judgment Summary Judgment Application)

Legal Issues

  1. 1 Whether the October 2010 judgment was irregularly obtained for lack of service
  2. 2 Whether the judgment should be set aside as a miscarriage of justice under court rules
  3. 3 Whether the defendant has a substantial defence (authority of agent/solicitor; alleged misrepresentation)

Ratio Decidendi

Defendant failed to prove non-service or miscarriage of justice: contemporaneous process-server affidavits and reporting email established service and Associate Judge Abbott validly dispensed with service; defendant's alleged defences were not substantial or credible; accordingly the application to set aside the October 2010 liability judgment is dismissed.

Court Disposition

Application to set aside the October 2010 judgment dismissed.

Orders

  • Application dismissed.
  • Plaintiff awarded costs on a 2B basis.