30 Sept 2014
FENG v YE [2014] NZHC 2377
- Citation
- [2014] NZHC 2377
- Court
- High Court
The Court found substituted service by email was properly ordered and effectively executed so the default judgment was regularly obtained; the defendant was properly served and failed to provide a satisfactory excuse for delay; the substantive dispute related only to the sequence/mechanism of payment (not to the parties' core obligations) and did not justify setting aside the judgment or defeat enforcement; accordingly the application to set aside was dismissed and orders were made directing transfer of the two specified New Zealand titles to the plaintiff, with costs to the plaintiff.