Anderson v Carter

[2014] NZHC 107

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

CIV2013-463-000473 [2014] NZHC 107

BETWEEN  MARK ANTONY ANDERSON First Plaintiff

ANDILLEEN MAVIS CHILCOTT Second Plaintiff

ANDYVONNE PAULA CARTER Defendant

Hearing:                   10 February 2014

Appearances:           D J Taylor for the Plaintiffs

Y P Carter in person the Defendant

Judgment:                11 February 2014

JUDGMENT OF ASSOCIATE JUDGE CHRISTIANSEN

This judgment was delivered by me on

11.02.14 at 4:30pm, pursuant to

Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date……………

M A ANDERSON v I M CHILCOTT [2014] NZHC 107 [11 February 2014]

[1]      The  defendant  was  sued  to  recover  her  share  of  a  partnership  liability incurred in the outcome of the partnership’s property development.

[2]      The partners had achieved a considerable profit from the development from which the defendant received in excess of $400,000.   Subsequently leaky home claims were brought on behalf of the apartment purchasers.   Those claims were settled for a payment of $160,000 plus costs.  The defendants’ contribution to this sum is fixed in the sum of $54,226.99.

[3]      No defence was filed to the claim.  Rather the defendant provided a sworn statement deposing to her inability to meet the amount due from her.   Whilst her account of those reasons detail a sad background, it is clear those reasons could not compel the Court otherwise than to enter judgment in the amount sought.

[4]      Accordingly  judgment  is  entered  in  favour  of  the  plaintiffs  against  the defendant in a total sum of $62,984.29.

[5]      As well costs are directed to be paid by the defendant on a District Court middle band basis and amounting to a sum of $7888.00 inclusive of disbursements.

Associate Judge Christiansen