C D OWENS AND D S VANCE AS LIQUIDATORS OF HAGFISH NZ LIMITED (IN LIQUIDATION) v P COLEMAN [2017] NZHC 2575

C D OWENS AND D S VANCE AS LIQUIDATORS OF HAGFISH NZ LIMITED (IN LIQUIDATION) v P COLEMAN [2017] NZHC 2575

The application to set aside was granted because the court concluded there is an arguable substantial ground of defence given the insufficiency and contestability of the plaintiffs' primary evidence and their reliance on a provisional IRD NOPA and reconstructed records, and because there was no evidence the plaintiffs would suffer irreparable prejudice if judgment were set aside.

Citation
[2017] NZHC 2575
Parties
Plaintiffs: Colin David Owens and David Stuart Vance as Liquidators of Hagfish NZ Limited (in liquidation); First Defendant: Peter Coleman; Second Defendants: Peter Coleman and Trust Management Services Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
24 October 2017
Procedural Posture
Liquidation Proceedings; Application to Set Aside Default Judgment / Application Under High Court Rules R 15.10 to Set Aside Judgment Obtained by Default
Outcome
Application to set aside the judgments of Brewer J granted
Legal Topics
Setting Aside Default Judgment, Liquidator Claims, Breach of Director Duties, IRD NOPA Assessments, Evidence Sufficiency
Company Law Insolvency Civil Procedure Tax Law Setting Aside Default Judgment Liquidator Claims Breach of Director Duties IRD NOPA Assessments +1 more

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Parties

Colin David Owens and David Stuart Vance as Liquidators of Hagfish NZ Limited (in liquidation)

Plaintiffs

Peter Coleman

First Defendant

Peter Coleman and Trust Management Services Limited

Second Defendants

Procedural Posture

Liquidation Proceedings; Application to Set Aside Default Judgment / Application Under High Court Rules R 15.10 to Set Aside Judgment Obtained by Default

Legal Issues

  1. 1 Whether there is a substantial ground of defence to justify setting aside the default judgment
  2. 2 Whether the delay in defending is reasonably explained
  3. 3 Whether the plaintiffs would suffer irreparable injury if judgment is set aside

Ratio Decidendi

The application to set aside was granted because the court concluded there is an arguable substantial ground of defence given the insufficiency and contestability of the plaintiffs' primary evidence and their reliance on a provisional IRD NOPA and reconstructed records, and because there was no evidence the plaintiffs would suffer irreparable prejudice if judgment were set aside.

Court Disposition

Application to set aside the judgments of Brewer J granted

Orders

  • Judgment of Brewer J dated 4 November 2016 set aside
  • The costs of and incidental to this application to lie where they fall