1 Jul 2021
WAITAKERE FARMS LTD v EPSOM WOODS LTD [2021] NZHC 1602
- Citation
- [2021] NZHC 1602
- Court
- High Court
The application for an extension of time to file a statement of defence was dismissed because Epsom Woods failed to demonstrate an arguable defence: it produced no credible evidence of ownership of the trees and its valuation evidence of the alleged conversion was inconsistent and insufficient; even if accepted the claimed set-off would not reduce the undisputed debt to below $1,000; the presumption of insolvency was unrebutted; overall justice did not favour granting the indulgence.