Adcock v Brancott

[2023] NZHC 3079

IN THE HIGH COURT OF NEW ZEALAND BLENHEIM REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WAIHARAKEKE ROHE

CIV-2023-406-13

[2023] NZHC 3079

BETWEEN

IAN GREGORY ADCOCK

Plaintiff

AND

RACHEL RUBY GRACE BRANCOTT

Defendant

Hearing:

1 November 2023

Appearances:

D J Clark for Plaintiff

No appearance by the Defendant

Judgment:

1 November 2023

ORAL JUDGMENT OF ASSOCIATE JUDGE SKELTON [RESULT]

[1]Before me is an application by the plaintiff for summary judgment.

[2]        An  application  was  made  late  yesterday  afternoon  by  the  defendant,   Ms Brancott, for an adjournment of today’s hearing of the plaintiff’s application at

10.00 am. The main basis for the application for adjournment appears  to be that    Ms Brancott says she needs further time to prepare her defence to the application.

[3]        In my view, Ms Brancott has had sufficient time to review the application and affidavit evidence in support of it since the papers were served, and indeed she has filed a notice of opposition and affidavit in support of that opposition dated 29 August 2023 and, subsequently, other papers. Ms Brancott was also given an opportunity to file any reply to the plaintiff’s response to her opposition, and to file a synopsis of submissions, but she has not done so, since receiving the plaintiff’s response affidavit

ADCOCK v BRANCOTT [2023] NZHC 3079 [1 November 2023]

and submissions on 18 October 2023. In the circumstances, the application for adjournment is declined.

[4]        Ms Brancott was present outside the Court precinct this morning but declined to come into the Court. I asked the Registrar to advise her that her application for an adjournment was declined and that she should come into the Court to participate in the hearing. However, I understand that when the Registrar went outside to speak with Ms Brancott she had already driven away from the Court.

[5]        I directed that I would proceed with hearing the plaintiff’s application and would treat Ms Brancott’s absence as her failing to appear at the hearing.

[6]        Having read the papers filed on behalf of the plaintiff, in particular the statement of claim dated 12 June 2023, the application for summary judgment dated 12 June 2023, and the affidavits filed in support of the application for summary judgment and in response to Ms  Brancott’s  opposition,  and  having  heard  from Mr Clark this morning, and having read Ms Brancott’s notice of opposition and affidavit and the other papers submitted by her, I am  satisfied that the defendant,  Ms Brancott, has no defence to the plaintiff’s claim.

[7]        Accordingly, I make an order by way of summary judgment that the defendant, Rachel Ruby Grace Brancott, vacate the property at  ,

(being the land comprised in Record of Title 579015) and deliver up vacant possession to the plaintiff within 25 working days of the date of the Court’s order which will be dated today, 1 November 2023.

[8]        I am also satisfied that the plaintiff having been successful is entitled to costs, and costs are awarded on a 2B basis with disbursements to be fixed by the Registrar.

[9]My reasons judgment will be given as soon practicable.

Associate Judge Skelton

Solicitors:

Wisheart Macnab & Partners, Blenheim for Plaintiff