26 Feb 2021
MIDLAND PROPERTIES (NZ) LIMITED v [A] [2021] NZHC 295
- Citation
- [2021] NZHC 295
- Court
- High Court
The default judgment was irregularly obtained: the Registrar sealed judgment for sums exceeding the liquidated amount pleaded in the statement of claim contrary to r 15.7, and no affidavit verifying the statement of claim was filed as required by r 15.4(b) for substituted service. The residual discretion to leave an irregular judgment in place was not exercised because the irregularities were substantive and there are reasonably arguable defences (including incorporation of an indemnity in the lease and unresolved mitigation issues). The appropriate relief is to set aside the judgment, permit…