New Zealand Case Law: Decisions & Judgments

Topic

Set aside judgment

Legal area

Court

1 Nov 2022

MAO v KIM & LEE [2022] NZHC 2836

Citation

[2022] NZHC 2836
Court

High Court

The applicant failed to establish a genuine triable cross-claim equal to or exceeding the indemnity costs judgment debt as required by s17(7) Insolvency Act 2006; the purported cross-claims had been struck out as abuse of process and lacked prospects of success; there was no legal basis to stay the bankruptcy notice or to disqualify the respondents' solicitors; therefore the applications were dismissed and the bankruptcy notice remained enforceable.
31 Aug 2022

POULTON v GRANT [2022] NZHC 2205

Citation

[2022] NZHC 2205
Court

High Court

All liquidators' remuneration to date is approved except for attendances relating to (a) obtaining judgment by liquidated demand, (b) defending the application to set that judgment aside, and (c) related bankruptcy proceedings, because the District Court found the judgment was obtained irregularly and was contested by Poulton.
3 Dec 2021

RENNIE COX LAWYERS v EA [2021] NZCA 648

Citation

[2021] NZCA 648
Court

Court of Appeal

The Court allowed the appeal, holding the District Court had jurisdiction to make timetable directions because the proceeding had been revived by the August 2015 extension to apply for default judgment and setting aside the default judgment did not extinguish the revived proceeding; the interests of justice favored determining the dispute on its merits and the Limitation Act did not bar the claim given the proceedings were promptly instituted and not stale.
24 Feb 2021

DOWDEN v COMMISSIONER OF INLAND REVENUE [2021] NZHC 272

Citation

[2021] NZHC 272
Court

High Court

Leave to extend time was refused because the proposed appeal was hopeless: the tax assessments underlying the default judgment had been confirmed by the Taxation Review Authority and not appealed, and s109 of the Tax Administration Act 1994 bars disputing those assessments in court, so the debt was not disputable and the District Court judge's refusal to set aside default judgment was plainly supportable.
16 Apr 2020

MBG LTD v JOYCE [2020] NZHC 750

Citation

[2020] NZHC 750
Court

High Court

Final orders of 14 November 2019 were set aside because service was defective and the trustees had no notice; trustees have substantial arguable defences (unconscionable bargain and misleading/deceptive conduct under s9 FTA) to the invoice underpinning the caveats; although MBG Ltd has an arguable equitable interest, in the exercise of the court's discretion the caveat over the Papamoa property must lapse to avoid substantial injustice and risk of losing the family home (Tawa Street caveat to remain pending review).
5 Dec 2019

SYED v MALIK [2019] NZHC 3210

Citation

[2019] NZHC 3210
Court

High Court

The application to file the proposed late affidavit was declined because High Court Rules r 7.20 requires affidavits to be filed with the application, the defendants had been aware since August 2019 the hearings would proceed, the delay was unjustified and accepting the affidavit would necessitate an unfair adjournment; accordingly the defendants' counterclaim was discontinued and costs were reserved, and the court set a timetable for submissions on the defendants' application to set aside the liability judgment.
3 Dec 2018

XIAO v DEPARTMENT OF INTERNAL AFFAIRS [2018] NZCA 549

Citation

[2018] NZCA 549
Court

Court of Appeal

Extension of time granted because the short delay was adequately explained by the applicant's lack of English proficiency and unrepresented status, the delay caused no prejudice, the appeal was not shown to have no real prospect of success, and fairness required preserving the applicant's ability to seek a hearing; appointment of counsel assisting was necessary to identify and reasonably present any tenable grounds of appeal.
30 Apr 2018

BARTERCARD EXCHANGE LIMITED v DE VRIES [2018] NZHC 854

Citation

[2018] NZHC 854
Court

High Court

The debt relied on was a valid and enforceable judgment debt exceeding $1,000, the debtor committed an act of bankruptcy by failing to comply with the second bankruptcy notice within the statutory period, and there were no sufficient grounds under s 37 to refuse adjudication; accordingly the creditor was prima facie entitled to adjudication and the Court adjudicated the debtor bankrupt.
14 Feb 2018

BODY CORPORATE v DONOVAN [2018] NZHC 145

Citation

[2018] NZHC 145
Court

High Court

The money judgment and associated possession order were set aside because the defendant's liability for the claimed mortgage debt was provable in his bankruptcy and he had been discharged, meaning no enforceable personal debt remained against him; accordingly the money judgment against him and the possession order based on that personal claim were improperly entered and must be rescinded.
16 May 2017

BLIGH v THE EARTHQUAKE COMMISSION and IAG NEW ZEALAND LTD [2017] NZHC 995

Citation

[2017] NZHC 995
Court

High Court

On balance the Court found a miscarriage of justice: plaintiff's serious health, chaotic and late change of position by litigation funder/advisors and counsel, arguable case on the evidence, and legitimate reliance on a last-minute expert inspection justified setting aside the default judgment entered under r10.8; costs reserved and case management directions given.