9 Jun 2008
B K PRIME V R J CANNON HC WHA CIV 2006-488-234
- Citation
- openlaw-f5cba03b_5907_45e2_b790_90b5c7910b9d.pdf
- Court
- High Court
The court held the plaintiff's claim for partition and sale was not a liquidated demand under r 460 so notice under r 465 was required and no dispensing order had been made; therefore the final judgment was irregularly obtained and the defendant is prima facie entitled to have it set aside or varied, but the court will not grant variation until the defendant provides an explanation for non‑filing, a draft defence and supporting evidence so the court can determine whether leave to defend should be granted; application adjourned with directions and costs reserved.