ANZ Bank New Zealand Limited v Blackburn

[2016] NZHC 91

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2015-485-556 [2016] NZHC 91

BETWEEN

ANZ BANK NEW ZEALAND LIMITED

Plaintiff

AND

VINCENT CHARLES BLACKBURN Defendant

Hearing:	15 December 2015
Counsel:	S U Gunawardana for the Plaintiff No appearance for the Defendant
Judgment:	5 February 2016

JUDGMENT OF ASSOCIATE JUDGE SMITH

[1]      The     plaintiff’s     summary     judgment     application     was     heard     on

15 December 2015.  No affidavit of service had been filed by the time of the hearing, but Ms Gunawardana did have a copy of an affidavit showing that service had been effected on 15 October 2015.  In those circumstances I proceeded with the hearing on the basis that the original affidavit of service was to be filed promptly, and I would then give judgment on the papers.

[2]      The original affidavit of service is now to hand, and I am satisfied that the plaintiff has shown that Mr Blackburn has no defence to its claim, and that summary judgment should be entered.

[3]      Accordingly, I enter summary judgment for the plaintiff as follows:

(a)       The sum of $100,811.46; and

ANZ BANK NEW ZEALAND LIMITED v VINCENT CHARLES BLACKBURN [2016] NZHC 91 [5

February 2016]

(b)interest  at  the  rate  of  5  per  cent  per  annum  under  s 87  of  the Judicature Act 1908, calculated from 6 May 2014 to the date of this judgment, in the sum of $8,009.79; and

(c)      Costs  in  the  sum  of  $6,882,  plus  disbursements  as  fixed  by  the registrar.

Associate Judge Smith

Solicitors:

Gibson Sheat, Wellington for the plaintiff

No appearance for the defendant