12 Sept 2019
COMPLETE CONSTRUCTION LTD v SIEMER [2019] NZHC 2273
- Citation
- [2019] NZHC 2273
- Court
- High Court
The court held that the applicant's failure to obtain leave before filing was an irregularity and did not render the application a nullity; the setting aside application is to be regarded as having been determined against Mr Siemer on 14 August 2019 (the date leave was refused), r24.10 therefore extended the time for compliance with the bankruptcy notice until that date, and Complete is entitled to costs but not to solicitor/client costs for post-judgment enforcement; costs awarded on a 2B basis plus disbursements as fixed by the Registrar.