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Cornwall Contractors Limited v Desmond Kan [2016] NZDC 11731

Published 07 March 2017

Leave to oppose — summary judgment — settlement agreement — Chappel Carriers Ltd v Chappel Properties Ltd (1997) 11 PRNZ 366. The defendant applied for leave to oppose the plaintiff's application for summary judgment, requiring the Court to ask: a) whether a substantial defence exists; b) whether the delay is reasonably explained; c) whether the plaintiff would suffer irreparable injury. The Judge was satisfied there was sufficient evidence from the defendant to show a reasonable possibility of his defences succeeding, that there were reasons for delay, and there would not be irreparable harm to the plaintiff if leave was granted. Accordingly leave was granted. Judgment Date: 15 July 2016.

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