New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Service of notice under r 17.10
  • 26 Feb 2015

    FALANAIKI v FERETI [2015] NZHC 291

    Citation
    [2015] NZHC 291
    Court
    High Court

    Because the plaintiffs held a sealed summary judgment and had taken reasonable steps to notify the defendant, and because the examination and production of specified financial documents (including a completed Form E2 and company bank statements) were necessary to identify assets available to satisfy the judgment, the Court exercised its discretion to order the defendant to attend for oral examination and produce the documents sought; lack of personal service of a r 17.10 notice was not fatal to the application.