12 Nov 2020
EVERSONS INTERNATIONAL LTD v BIONUTRIENT CUSTOMS LTD [2020] NZHC 2989
- Citation
- [2020] NZHC 2989
- Court
- High Court
The court granted an extension of time because the defendant demonstrated an arguable defence on the merits (material disputed as to whether Payments were investments forwarded at the plaintiff's direction rather than repayable loans and the limitation defence was arguable), the delay was short and sufficiently explained (including COVID‑19 disruption), and the plaintiff had not pursued the claim diligently; although solvency evidence was lacking and insolvency is a strong factor, overall justice favored permitting the defence to be filed.