New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Set‑aside of judgment

Legal area

Court

15 Mar 2023

GLOBAL COVER INSURANCES LIMITED (IN LIQ) v MARIO [2023] NZHC 515

Citation

[2023] NZHC 515
Court

High Court

The judgment was regularly obtained by substituted service and formal proof; the defendant failed to establish a reasonably arguable defence or provide an adequate explanation for lengthy delay in seeking relief; prejudice to the plaintiff and the need for finality warranted dismissal of the set‑aside application.
5 Sept 2008

CROWN MONEY CORPORATION LIMITED V PINK-MARTIN AND ANOR HC AK CIV 2008-404-000297

Citation

openlaw-a894594d_1fd5_4915_b87c_be25ab5f140c.pdf
Court

High Court

Applicant failed to adduce material establishing an arguable defence that the mortgagee/purchaser obtained the property at a price below the best reasonably obtainable price causing actionable loss; the plaintiff and mortgagee took reasonable commercial steps to market and sell the property and defendant's complaints were speculative or unsupported on quantum; accordingly there has been no demonstrated miscarriage of justice and the application to set aside summary judgment and for a stay is refused.