15 Dec 2015
White v Lynch [2015] NZHC 3202
- Citation
- [2015] NZHC 3202
- Court
- High Court
The Court found the plaintiffs failed to demonstrate the strike-out order was fraudulently or improperly obtained under r 7.51 because the alleged fraud was not the strict kind required to impugn a final judgment, the impugned material was available earlier and finality/res judicata principles barred the claims; accordingly rescission was refused and, having found no sufficient reason to decline exercise of discretion under s 37, both Amanda White and Anne Freeman were adjudicated bankrupt and costs awarded to the defendants/judgment creditor.