12 Feb 2021
HEARTLAND BANK LTD v ORA HQ LTD [2021] NZHC 144
- Citation
- [2021] NZHC 144
- Court
- High Court
Leave to file a statement of defence was granted because Wild Logic Properties demonstrated a potentially substantial defence (plausible trust/agency or resulting/constructive trust excluding PPSA application), the delay was partially explained and addressed promptly after liquidators became aware, and any prejudice to Heartland Bank was financial and remediable by costs rather than irreparable; accordingly interests of justice required granting leave subject to conditions and timetabled directions.