New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Striking out defence

Legal area

Court

28 Aug 2018

SENTRY HILL WINERY (2006) LIMITED (in liq) v PARKES [2018] NZHC 2223

Citation

[2018] NZHC 2223
Court

High Court

Defendant was liable to repay the overdrawn shareholder current account and liable for breaches of ss 135, 136 and 137 by permitting the insolvent company to continue trading from at least 1 January 2013, causing provable losses; judgment entered for plaintiffs for specified monetary sums with interest and costs; defendant could not rely on late evidence after his defence was struck out.
2 Feb 2011

UTOPIA DEVELOPMENTS LTD V PARK HC TAU CIV-2009-470-001079

Citation

openlaw-5e3ed95d_f457_4204_92f3_7bebc1cc4af8.pdf
Court

High Court

The Judge struck out the defendant's statement of defence because the defendant failed to comply with an unless order to file an affidavit of documents and, on the basis of the plaintiff's supporting affidavit and formal proof, entered judgment for the plaintiff while allowing the judgment to lie in court until a fixed date to permit any solicitor‑assisted application to set aside and stay the judgment; absent timely application the judgment will be sealed and enforced.