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Joseph Martin v Roland Wimmers [2016] NZDC 4348

Published 03 November 2016

Judgment irregularly obtained — application to set aside judgment — residual discretionary power to decline to set aside an irregularly obtained default judgment — District Courts Rules 2014, r 15.10. Application to set aside default judgment declined for the first defendant, but granted for the second respondent. The first defendant did not have any substantial ground of defence to the default judgment. Default judgment against the second defendant had been entered before expiration of the 30 days that the defendant had to file a notice of defence. As there had been a substantial irregularity in obtaining the default judgment, the Court applied the general principle that the judgment should be set aside.

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