Active Leisure (Sports) Pty Ltd v Crocodile Sports & Leisurewear Ltd - [1997] 1 NZLR 350

Practice and procedure — Judgment by default regularly obtained — Application to set aside — Applicable principles — Whether the defendants had a substantial ground of defence — Whether the delay in filing and serving a statement of defence was reasonably explained — Whether the plaintiff would suffer irreparable injury if judgment were set aside — Whether the appropriate course was to vary the judgment — High Court Rules, R 469.

Practice and procedure — Costs — Whether the plaintiff could seek costs in light of the defendants' default in failing to file and serve a statement of defence in time — Whether the defendants could seek costs in light of the plaintiff's error in representing the quantum for judgment.