13 Jan 2017
EA v RENNIE COX LAWYERS [2017] NZHC 5
- Citation
- [2017] NZHC 5
- Court
- High Court
The default judgment was irregularly obtained because the supporting memorandum contained materially incorrect advice about the effect of the Law Society decision and omitted relevant communications with defendant's counsel; notwithstanding that irregularity the Court exercised its discretion under r12.34 not to set the judgment aside because the defendant had been put on notice, had delayed taking steps, and specialist bodies had found the fees reasonable; the judgment is varied to exclude interest.