18 Feb 2014
FAI MONEY LIMITED v E E JOHNSTON & ORS [2014] NZHC 193
- Citation
- [2014] NZHC 193
- Court
- High Court
The judgments were set aside because sealing occurred without service of the amended statement of claim that introduced necessary particulars to support acceleration and increased claims, rendering the judgments irregular; alternatively, even if not irregular, the second defendants demonstrated a prima facie defence (liability limited to trust assets and contested allegations of dishonesty require full inquiry), so it was appropriate to set aside the judgments and the related bankruptcy notices; costs were reserved.