All Purpose Finance Limited v Woollett HC Tauranga CIV 2008-470-696

[2008] NZHC 2611

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CIV 2008-470-696

BETWEEN  ALL PURPOSE FINANCE LIMITED Plaintiff

ANDRAYMOND MAURICE WOOLLETT First Defendant

ANDKEVIN RICHARD WOOLLETT Second Defendant

ANDLIGHTSHADE DEVELOPMENTS LIMITED

Third Defendant

Hearing:         6 October 2008 (Heard at Rotorua)

Appearances: Ms S Wootton as agent for plaintiff

No appearance for first or third defendant
No appearance for second defendant

Judgment:      6 October 2008

ORAL JUDGMENT OF ASSOCIATE JUDGE DOOGUE

Counsel:

Harkness Henry, Private Bag 3077, Hamilton (K Shaw)

Anderson Lloyd, Private Bag 1959, Dunedin (M B Couling)

ALL PURPOSE FINANCE LIMITED V WOOLLETT AND ORS HC TAU CIV 2008-470-696  6 October 2008

[1]      The plaintiff has issued proceedings against three defendants and has served them all.  The second defendant, though, was not served until 12 September 2008. The parties agree that the second defendant has not been served within the required period specified by High Court Rule 140.

[2]      As to the first and third defendants the plaintiff wishes to proceed today as for the second defendant an adjournment is sought till the next date.

[3]      The plaintiff had filed the customary affidavit verifying the statement of claim.   The plaintiff has therefore established that the principal sum which was advanced and which was rolled over was not repaid and that demand has been made on the defendants.   The plaintiff further deposes that the defendants have not complied with the demand and that the defendants have no defence to the claim.  I am satisfied that it is appropriate to enter judgment against the first and third defendants in the sum of $811,378.03 as particular ised in the memorandum by counsel for the plaintiff dated 3 October 2008.

[4]      The application so far as it concerns the second defendant is adjourned until

11.45 a.m. on 17 November 2008.

J.P. Doogue

Associate Judge