21 Nov 2006
ORIX NEW ZEALAND LIMITED V MILNE AND ANOR HC AK CIV 2005-404-004394
- Citation
- openlaw-4cc076fc_970b_4383_a283_066d0e5c955e.pdf
- Court
- High Court
The Court set aside the judgment entered against the first defendant because the late service was trivial (27 minutes), there was a credible uncontrollable explanation (traffic delay), the defendant took reasonable steps to comply and there was no real prejudice to the third party; the first defendant's claim against the third party was reinstated and costs awarded to the first defendant against the third party on Category 2 Band B.
- Unless order
- Service of witness statements
- Set aside judgment
- Relief from sanctions