New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Proof hearing

Legal area

Court

4 Feb 2021

THE TOWN OF JUPITER, FLORIDA v ENDEAVOUR CAPITAL LIMITED [2021] NZHC 95 [4 February 2021]

Citation

[2021] NZHC 95
Court

High Court

The application for default judgment was declined because the Judge exercised discretion under r 15.7 in light of material concerns: irregularities in service (service at a hospital raising doubts whether the defendant could respond), apparent absence of signed guarantor exhibits and absence of originals or certified copies of documents; these evidential and procedural deficiencies require a formal proof hearing before the Associate Judge with affidavit evidence and submissions filed five working days before the hearing.
15 Dec 2016

OWENS AND VANCE v COLEMAN [2016] NZHC 3080

Citation

[2016] NZHC 3080
Court

High Court

Default judgment is entered for the plaintiffs for the specific sums previously determined on the first, second, third and sixth causes of action; interest is awarded at 5% per annum under the Judicature Act 1908 for the period from filing to judgment; costs are awarded on a 2B basis in the quantified amount; disbursements are awarded; the plaintiffs may seal the certificate of judgment; remaining causes are deemed abandoned and dismissed, ending the proceeding.