New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Set aside default/formal proof judgment

Legal area

Court

10 Feb 2023

BHARGAV v FIRST TRUST LIMITED [2023] NZHC 174

Citation

[2023] NZHC 174
Court

High Court

The Court concluded there would be a miscarriage of justice if the formal proof judgment remained in full because the first to fourth defendants demonstrated substantial grounds of defence on the FTA claims and on quantum based on competing expert evidence, and plaintiffs would not suffer irreparable harm; accordingly the Court set aside the judgment in part, upheld only the finding that First Trust Limited breached clause 7.3(6)(a) of the sale and purchase agreement (failure to obtain necessary building consent), ordered filing of defences, and awarded wasted costs and disbursements against…
17 Dec 2015

MADSEN-RIES v THOMPSON [2015] NZHC 3270

Citation

[2015] NZHC 3270
Court

High Court

The 2008 transfer was an undervalue disposition: the Trust assumed the BNZ mortgage (~$335,000) but there was no credible evidence of release of the ~$149,326.20 debt, creating an at least ~$150,000 shortfall to creditors; the transfer was also made with intent to prejudice creditors; Kiwi House had indefeasible title from the 2005 registered transfer; the IRD did not make any binding representation that estopped liquidators; the defendant had no substantial defence and offered no reasonable explanation for long delay, so there was no miscarriage of justice and the earlier formal proof judgme…