17 Nov 2017
TORCHLIGHT FUND NO. 1 LP (IN REC) v JOHNSTONE & ORS [2017] NZHC 2835
- Citation
- [2017] NZHC 2835
- Court
- High Court
The application to set aside the examination order was dismissed because HCR 17.12 does not require prior service of an HCR 17.10 notice, the proposed examination was properly directed at discovering means of satisfying a substantial judgment and was not predominantly for an impermissible forensic purpose, service overseas without leave did not warrant setting aside the order given effective notice and available retrospective relief, and the inconvenience to the examinee did not outweigh the creditor's entitlement to examine.