27 Nov 2020
FOGARTY v FOGARTY [2020] NZHC 2508
- Citation
- [2020] NZHC 2508
- Court
- High Court
Leave to file a statement of defence was refused because the defendant lacked a substantial defence, delay was unexplained and the plaintiff would suffer irreparable harm; plaintiff validly cancelled under CCLA s37 and s41; it was just and practicable under s43 (considering s45 factors) to vest title in the plaintiff; damages for emotional distress were awarded in reduced quantum ($8,000) after accounting for other contributing factors and relief granted under s43.