15 May 2013
NEUMAYER & ANOR v KAPITI COAST DISTRICT COUNCIL & ORS HC WN CIV 2012-485-2677
- Citation
- openlaw-9c90b3e3_3356_4988_9545_977f5c916f8d.pdf
- Court
- High Court
Because the claims against the second and third defendants are unliquidated Rule 15.9 applies and mandates formal proof and affidavit evidence rather than immediate entry of judgment; given the defendants' default they are debarred from filing a statement of defence without leave; accordingly the application for entry of judgment by default was dismissed while preserving the option to apply for formal proof.