29 Apr 2022
MARPHONA TRUSTEES LTD v NYX LTD [2022] NZHC 792
- Citation
- [2022] NZHC 792
- Court
- High Court
The strike-out application was dismissed because the statement of defence, read with the prior interlocutory judgment, disclosed arguable defences that a guarantor may assert where those defences are available to the principal debtor and because procedural non-compliance by the defendant did not, on the facts, amount to sufficient prejudice or abuse to justify striking the defence; the defendant was ordered to amend his pleading and allowed to proceed subject to case management directions.