Equiticorp Finance Group Ltd v Cheah - [1989] 3 NZLR 1

Practice and procedure — Summary judgment — Setting aside judgment — Defendant was served overseas — Defendant entered an appearance protesting the jurisdiction but took no other steps — Defendant's appearance was set aside and judgment was entered against him — Defendant applied to set aside judgment and filed a full affidavit in support setting out the defences he would have raised to oppose a summary judgment application — Whether the judgment was so irregularly obtained that it should be set aside as being void and a nullity — Whether the summary judgment application should be disposed of at the same time as disposing of the application to set aside judgment — Whether the defendant had an arguable defence to the summary judgment application — High Court Rules, RR 135, 136 and 143.

Practice and procedure — Service out of jurisdiction — Summary judgment proceedings — Whether RR 221 and 225 of the High Court Rules govern summary judgment proceedings which are served overseas — High Court Rules, RR 139, 140, 141, 221 and 225.