25 Feb 2022
BORG v 9 CHAMBERLAIN ROAD LIMITED [2022] NZHC 281
- Citation
- [2022] NZHC 281
- Court
- High Court
The Court held that, applying r15.9(3) and relevant authorities, there would be a miscarriage of justice if default judgment were entered because the defendants demonstrated arguable substantive defences, the delay—while unexplained in part—was not so egregious as to preclude relief, and consolidation and justice considerations favoured allowing the defence; accordingly the Court granted leave to file statements of defence and to issue third party notices subject to specified costs and conditions.