Application to set aside summary judgment — District Courts Rules 2014, r 12.14 — Fair Trading Act 1993, ss 9 and 43. The Judge considered an application to set aside summary judgment which had been entered for the sum of $37,866.91 under r 12.14 jurisdiction. The issue was whether it appeared a miscarriage of justice had, or may have, occurred. The grounds submitted by the first defendant were considered and determined to be untenable; there had not been an actual or possible miscarriage of justice by the entry of summary judgment, and nor should execution of the judgment be stayed based on the untenable nature of the alleged counterclaim. There was not a sufficient nexus between alleged misrepresentation and the loss suffered to substantiate that particular defence. The first defendant was still able to pursue a counterclaim based on the proposed Fair Trading Act cause of action in separate proceedings. Judgment Date: 12 September 2016.