New Zealand Case Law

13 Apr 2016

BARONI FOODS LIMITED v P K WHOLESALE SUPPLIES LIMITED [2016] NZHC 676

Citation

[2016] NZHC 676

Court

High Court

The court held that the defendant's failure to comply with the unless order was excusable due to genuine and recent serious illness of the director's wife, rescinded the unless order, reinstated the defence, vacated the formal proof hearing and imposed a timetable and a costs award to balance the parties' interests.

• Unless order
• Relief from consequences of default
• Strike-out
• Timetabling orders
• Setting aside judgment