Default ruling overturned

Press, 20 August 1984, Page 26

Default ruling overturned

PA Auckland The Mayor of Waitemata City, Mr Tim Shadbolt, has been cleared of defaulting on a $7769 debt. He is likely to defend the suit brought by Wilson and Horton, Ltd, for the costs of publishing his book on the film, “Utu.” In May Mr Shadbolt was judged in the District Court at Auckland to have defaulted on the debt. An appeal against the judgment succeeded on Friday in the District Court at Henderson when Judge Callander accepted Mr Sfoadbolt’s explanation for failing

to respond to the summons. “As the newly elected Mayor of Waitemata City he was busily involved in other matters and was quite ignorant of the legal questions involved," the Judge said. Mr Shadbolt had shown there was a defence to be heard and he ordered it be filed within 14 days. The Judge said the default judgment was obtained irregularly and contrary to the interests of justice. He awarded $lOO costs to the plaintiff. Mr Shadbolt’s solicitor, Mr J. K. Mcßae, said he was sure his client would defend the suit.