29 Feb 2008
PULMAN V ORIX NEW ZEALAND LTD HC AK CIV-2007-404-005569
- Citation
- openlaw-1c47f558_81e9_4a3b_b158_97a424eb9075.pdf
- Court
- High Court
The summary judgment was irregularly obtained because the plaintiff's affidavit failed to attach and establish admissible primary documentary evidence for the bulk of the claimed debts, contained contradictions about guarantors and included substantial elements of alleged damages unsupported by pleading or competent proof; the irregularity was sufficiently substantial to constitute a miscarriage of justice and the judgment must be set aside ex debito justitiae without requiring the defendant to establish an available defence.