19 Dec 2013
P (SC 87/2012) v BRIDGECORP LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) [2013] NZSC 152
- Citation
- [2013] NZSC 152
- Court
- Supreme Court
The Supreme Court (majority) held that a plaintiff may file an admission signed in advance by the defendant (acting effectively as agent) provided proceedings are filed and the defendant is properly served; an admission that sets out the principal and a clear mechanism for calculating interest, costs and other charges complies with r 15.16(4) so long as the exact sum can be precisely ascertained; r 15.16(2) confers a general discretionary power to permit withdrawal in the interests of justice but refusal may be appropriate where the defendant has not challenged underlying liability; according…