9 Jun 2020
JUSTITIAE TRUSTEE COMPANY LTD v NZF NOMINEES LTD [2020] NZHC 1249
- Citation
- [2020] NZHC 1249
- Court
- High Court
Leave under r 5.51(3) was granted because an appearance reserving rights is not an admission nor irrevocable, the applicants acted promptly once adverse steps were taken, their proposed defences are bona fide and not evidently vexatious or abusive, there is no prejudice to the plaintiff and denying leave risks a miscarriage of justice; therefore the applicants are entitled to file and serve statements of defence.