13 Sept 2019
DU v M5 HOLDINGS LIMITED & ORS [2019] NZHC 2313
- Citation
- (2019) 25 PRNZ 22
- Court
- High Court
Although personal service was held to have been validly effected, the notice of proceeding served on an overseas defendant omitted mandatory jurisdictional information under r 6.31 and the formal proof judgment was sealed without the leave required by r 15.11; therefore the judgment was irregularly obtained and, to avoid a miscarriage of justice, the Court set aside both the formal proof judgment and the costs judgment.