Application to set aside judgment by default — debt collection agency — inherent jurisdiction — residual discretion — jurisdiction — District Court Rules 2014, r 15.10 — National Westminster Finance New Zealand Limited v Berry HC Masterton CP 4-87, 18 July 1990. The applicant company asked the Court to set aside a judgment by default on the basis it did not have the ability to recover the debt. A judgment obtained by default can be set aside by the Court if it appears there may have been a miscarriage of justice. Usually applications of this type are made by the debtor in cases where judgment has been irregularly obtained or in cases of fraud. The Court set aside the judgment by default in exercise of its residual discretion. The proceedings were dismissed. Judgment Date: 28 January 2020.