22 Nov 2012
PIONEER FARMS LIMITED V HAMISH ALEX STODDART AND LYNETTE ANNE RITCHIE HC PMN CIV-2012-454-469
- Citation
- openlaw-1fb490f7_f506_473a_aa3b_51a2b0e50fa8.pdf
- Court
- High Court
The High Court dismissed the appeal because the District Court did not err: the respondents had an arguable/substantial defence linked to alleged misrepresentations (supporting set-off), their delay was reasonably explained by attempts to resolve the dispute and early letters placed the appellant on notice, and the appellant would not suffer irreparable prejudice; accordingly there was a real risk of miscarriage of justice if the default judgment were enforced without hearing the defence.