New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Conditions for relief
  • 26 May 2015

    GRINDLAY v MEMELINK [2015] NZHC 1135

    Citation
    [2015] NZHC 1135
    Court
    High Court

    The appellants failed to provide a satisfactory explanation for the failure to file a defence or adequate admissible evidence of payment to establish an arguable defence; consequently the default judgment should largely remain in place, except that the defence point that Mrs Grindlay was not a signatory to the lease was at least arguable and warranted setting aside the judgment against her; the District Court's conditional regime was appropriate but the compliance period was shortened to 14 days.