It is back to square one for financier Exceda after the High Court ruled a $4.7 million default judgment against entrepreneurs David Wigmore and Paul Bublitz be re-litigated; emailing its claim to a lawyer previously acting for one of Mr Wigmore’s companies did not amount to proper notice of Exceda’s High Court action.
Both Mr Wigmore and Mr Bublitz say lack of notice means they had no chance to defend Exceda’s claim, brought against them as guarantors of a loan to Mr Wigmore’s Huka Ridge Bre Ltd.
Each told the High Court they were not aware of the September 2024 court hearing, decided in their absence, until facing notice of bankruptcy for failing to pay the court’s $4.7 million default judgment.
Xceda Finance Ltd claimed they did have knowledge; legal papers were served with their agreement on Auckland lawyer Richard Beca, then acting for them.
In dispute was the extent of authority Mr Beca had to accept service of legal proceedings.
Mr Wigmore said authority for Mr Beca to accept service related only to legal action taken against another of his companies, Black Robin Equity Ltd. It did not extend to legal claims against him as guarantor of loans to Huka Ridge.
Mr Bublitz told the High Court he had never given Mr Beca authority to accept service on his behalf.
Setting aside the default judgment, Associate Judge Taylor said Exceda failed to identify whether Mr Beca had authority to accept service of its claim before emailing the documents to him.
After what was an easy win by default, Exceda now has to go the long way round, restarting and proving its alleged claim against Mr Wigmore and Mr Bublitz.
Exceda said in the High Court it is not credible that Mr Beca failed to tell the two that Exceda was claiming against them.
Regardless of this, proper service of legal proceedings is a fundamental requirement, Judge Taylor ruled.
Exceda Finance Ltd v. Huka Ridge Bre Ltd – High Court (16.12.25)
26.056