Pemberton v Chappell - [1987] 1 NZLR 1

Practice and procedure — Summary judgment — Approach to summary judgment applications — Onus of proof — Discussion of R 136 under which "the Court may give judgment against (the) defendant" if "the plaintiff satisfies the Court that [the] defendant has no defence to a claim" — Mortgagor defaulted and second mortgagee sought summary judgment for the debt — Second mortgagee alleged equitable set-off or counterclaim for a sum greater than the debt — Whether Judge entitled to resolve disputes of law or fact — Whether new evidence admitted on appeal established an arguable defence — High Court Rules, RR 136 and 142.