6 Sept 2013
SHOYE VENTURE LTD v WILSON and ANOR [2013] NZHC 2339
- Citation
- [2013] NZHC 2339
- Court
- High Court
Leave to file a defence out of time was granted because the defendant demonstrated a substantial defence that the guarantee is inextricably bound up with illegal gambling arrangements, the delay was reasonably explained by reliance on the legal position prior to the Court's illegality judgment, and the plaintiff would not suffer irreparable prejudice; therefore refusal would risk a miscarriage of justice.