31 Oct 2013
PURE PACIFIKA LTD v NZ NATURAL DAIRY LTD [2013] NZHC 2870
- Citation
- [2013] NZHC 2870
- Court
- High Court
The Court accepted the defendant's explanation for failing to file a defence as marginally credible, found the plaintiff would not suffer irreparable prejudice sufficient to deny relief, and concluded the defendant has an arguable and substantial defence under s18 of the Companies Act 1993 regarding the authority of the CEO who signed the agreement; accordingly the default judgment was set aside on defined conditions.