Kelly v Surridge - [1980] 1 NZLR 648

Practice — Bill writ — Written contract did not contain the date on which the debt became due but that date could be ascertained from other documents referred to in the writ — Defendant out of time in applying for leave to defend and judgment had been entered against him — Whether bill writ procedure was appropriate — Whether action should be struck out — Whether defendant should be given leave to defend — Code of Civil Procedure, RR 497 and 501.