New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Wilful default

Legal area

Court

30 Jun 2017

OTOY NEW ZEALAND LTD v KOZLOV [2017] NZHC 1485

Citation

[2017] NZHC 1485
Court

High Court

Because the first defendant wilfully defaulted on the interlocutory injunction and related orders, engaged in deliberate steps to evade enforcement and caused substantial prejudice to the plaintiff while the plaintiff demonstrated a strong prima facie case of infringement and breach of confidence, the court was justified under High Court Rule 7.48 in striking out the defendant's defence and awarding costs.
13 Jun 2008

YPG IP LIMITED AND ANOR V YELLOW BOOK.CO.AU PTY LTD AND ORS HC AK CIV 2007-404-2839

Citation

openlaw-75cd0d35_f60e_4ab0_911d_067b76982bd4.pdf
Court

High Court

Defendants were not in wilful default because they lacked the means to pay the costs order in one lump sum; the costs order was therefore varied to monthly payments of NZ$1000 beginning 1 July 2008, and an Unless Order was granted that failure to pay any instalment within 14 days of its due date would result in the statements of defence being struck out and judgment entered against the defendants.