New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Application of district courts rules r 473
  • 29 Oct 2009

    K Y KHAN V M S BAHL HC AK CIV-2009-404-001763

    Citation
    openlaw-f196f641_3cc0_489c_ab33_a5ced63fa7a7.pdf
    Court
    High Court

    The appeal is dismissed because the appellant failed to show a miscarriage of justice: he had notice of the proceedings and obtained an extension yet did not file a defence, he produced no cogent admissible evidence of repayment or forgiveness of the loan and his accounts were inconsistent, and it was not appropriate to admit further evidence on appeal conducted on the District Court record.

    • Default judgment
    • Setting aside judgment
    • Miscarriage of justice
    • Application of district courts rules r 473
    • Appeal standard (rehearing)