14 Feb 2022
TEMPEST LITIGATION FUNDERS LTD v ZHANG [2022] NZHC 170
- Citation
- [2022] NZHC 170
- Court
- High Court
The judgment was set aside because the defendant demonstrated an arguable defence that clause 34.3 does not operate to assign the lease to individual shareholders but instead triggers the landlord's consent provisions, her delay was reasonably explained by reliance on prior solicitors and language barriers, and Tempest would not suffer irreparable harm if the judgment were set aside; therefore, continuation of the default judgment would risk miscarriage of justice under r 15.10 HCR.