ANZ Bank New Zealand Limited v Reynco Limited

[2014] NZHC 923

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CIV-2013-419-723 [2014] NZHC 923

BETWEEN

ANZ BANK NEW ZEALAND LIMITED

Plaintiff

AND

REYNCO LIMITED First Defendant

MIRIAMA MANUIRIRANGI & TONGAWHITI MANUIRIRANGI Second Defendants

Hearing:	5 May 2014
Appearances:	Ms Gilby-Todd for Plaintiff No appearance for Second Defendants
Judgment:	5 May 2014

ORALJUDGMENT OF ASSOCIATE JUDGE J P DOOGUE [on Summary Judgment application]

ANZ BANK NEW ZEALAND LIMITED v REYNCO LIMITED [2014] NZHC 923 [5 May 2014]

[1]      This matter was last heard on 31 March 2014.  Then, after a discussion with Mr Manuirirangi it was agreed that he would prepare a statement of the financial position  of  the  second  defendants  and  verify  that  by way of  declaration.    The intention was that thereafter Ms Gilby-Todd would seek instructions as to whether the bank intended to proceed with the summary judgment application.

[2]      Ms Gilby-Todd has advised me that thereafter steps were taken to prepare a statement  of  financial  position  but  it  was  considered  to  be  incomplete  and  she advised the second defendants to complete it and then have it verified.  Apparently no further steps have been taken apart from the second named second defendant advising that he would be taking steps to set aside the judgment that was entered against him and that the first named second defendant would be opposing the application for judgment against the first named second defendant.   However no notice of opposition or affidavit has been filed.

[3]      The plaintiff now seeks judgment against the first named second defendant.  I am satisfied that the plaintiff is entitled to summary judgment which is entered in the sum of the $335,416.21.  The plaintiff is also entitled to an order for costs based on a

2A basis which totals $5,373 and there will be an order accordingly.   Finally the plaintiff seeks disbursements in the sum of $2,058.26 which is reasonable and which would be allowed.  There will also be an order that the second defendants pay the

plaintiff’s disbursements of $2,058.26.

J.P. Doogue

Associate Judge