New Zealand Case Law: Decisions & Judgments | LexChat

Topic

High court rules r 15.16

Legal area

Court

19 Dec 2013

P (SC 87/2012) v BRIDGECORP LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) [2013] NZSC 152

Citation

[2013] NZSC 152
Court

Supreme Court

The Supreme Court (majority) held that a plaintiff may file an admission signed in advance by the defendant (acting effectively as agent) provided proceedings are filed and the defendant is properly served; an admission that sets out the principal and a clear mechanism for calculating interest, costs and other charges complies with r 15.16(4) so long as the exact sum can be precisely ascertained; r 15.16(2) confers a general discretionary power to permit withdrawal in the interests of justice but refusal may be appropriate where the defendant has not challenged underlying liability; according…
15 Nov 2012

P V BRIDGECORP LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) COA CA756/2011

Citation

COA CA756/2011
Court

Court of Appeal

Rule 15.16 can validly be applied to admissions prepared as part of a settlement and filed on default; on the evidence applicant's mental illness did not so impair his decision-making as to amount to a qualifying disability, Bridgecorp had no actual or constructive knowledge of such incapacity or lack of independent advice, and there was no undue influence or duress; accordingly the application to withdraw the admission and to set aside judgment failed; costs in High Court reduced from High Court 2B to District Court 2B and respondent awarded Court of Appeal costs on a standard appeal band A…