ASB Bank Limited v Baird

[2013] NZHC 684

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2013-485-205 [2013] NZHC 684

UNDER  Part 12 of the High Court Rules

IN THE MATTER OF     an application for summary judgment

BETWEEN  ASB BANK LIMITED Plaintiff

ANDBL BAIRD AND M NATHA Defendants

Hearing:         8 April 2013

(Heard at Wellington)

Counsel:         B. Martin - Counsel for Plaintiff

No appearance for the defendants

Judgment:      8 April 2013

ORAL JUDGMENT OF ASSOCIATE JUDGE D.I. GENDALL

Solicitors:           Simpson Grierson, Solicitors, Private Bag 92518, Auckland

ASB BANK LIMITED V BL BAIRD AND M NATHA HC WN CIV-2013-485-205 [8 April 2013]

[1]      Before  the  Court  is  an  application  for  summary  judgment  against  the defendants Brian Lindsay Baird and Meena Natha brought by the plaintiff ASB Bank Limited.

[2]      The statement of claim in this matter was filed on 5 February 2013.

[3]      The proceedings including the present summary judgment application were served on the first-named defendant Brian Lindsay Baird (Mr Baird) on 13 March

2013 and they were served on the second-named defendant Meena Natha (Ms Natha)

on 8 March 2013.

[4]      No Notice of Opposition to the summary judgment application has been filed in this Court nor has any statement of defence been filed with regard to the substantive proceeding.

[5]      Nor is there any appearance on behalf of either defendant, Mr Baird or Ms

Natha, before me today.

[6]      That  said,  and  after  considering  the  plaintiff’s  statement  of  claim,  the affidavits of Dion Graham Neill and Nicolette Angela Maddren filed in support of the application, I am satisfied that the unopposed application should succeed and summary judgment be granted to the plaintiff against each defendant.

[7]      The following orders are now made therefore:

A.      Summary Judgment Application against the First-Named Defendant Mr

Baird

[8]      With respect to the application against the first-named defendant, summary judgment is now granted to the plaintiff against that first-named defendant, Mr Baird for the following amounts:

(i)       On the plaintiff’s first cause of action, the amount claimed in the

plaintiff’s  statement  of  claim  totalling  $259,916.22  together  with

interest thereon as set out in counsel’s memorandum dated 8 April

2013, making in all a final total of $266,095.80.

(ii)On the plaintiff’s second cause of action, the amount claimed in the plaintiff’s statement of claim totalling $253,862.27 together with interest thereon as set out in the 8 April 2013 memorandum from counsel for the plaintiff making in all a total of $259,034.29.

(iii)On the plaintiff’s third cause of action, the amount claimed in the plaintiff’s  statement  of  claim  totalling  $12,715.11  together  with interest thereon as set out in the memorandum from counsel for the plaintiff dated 8 April 2013 making in all a total of $14,838.38.

(iv)In addition, costs totalling $7,960.00 together with disbursements totalling $1,527.00 as set out in the 8 April 2013 memorandum from counsel for the plaintiff are awarded to the plaintiff against the first- named defendant, Mr Baird.

(v)This makes in all a total summary judgment against the first-named defendant Mr Baird of $549,455.47 as set out in counsel’s 8 April

2013 memorandum.

(vi)In addition, with respect to both the plaintiff’s first cause of action and the plaintiff’s second cause of action against Mr Baird, interest is to continue to accrue from today as set out at paras A and B of counsel’s 8 April 2013 memorandum.

B.       Summary Judgment Application against the Second-Named Defendant

Ms Natha

[9]      The following orders are made:

With  respect  to  the  application  against  the  second-named  defendant  Ms Natha, summary judgment is now granted to the plaintiff against the second- named defendant, Ms Natha, for the following amounts:

(i)On the plaintiff ’s first cause of action, against Ms Natha, the amount claimed in the plaintiff’s statement of claim totalling $259,916.22 together with interest thereon as set out in the memorandum from counsel for the plaintiff dated 8 April 2013, making in all a final total of $266,095.80.

(ii)       On  the  plaintiff ’s  second  cause  of  action  against  Ms  Natha,  the

amount  claimed  in  the  plaintiff’s  statement  of  claim  totalling

$253,862.27 together with interest thereon as set out in counsel’s 8

April 2013 memorandum making in all a final total of $259,034.29.

(iii)On the plaintiff’s third (or fourth) cause of action this one against Ms Natha, the amount claimed in the plaintiff’s statement of claim totalling $14,313.67 together with interest thereon as set out in the memorandum from counsel for the plaintiff dated 8 April 2013, making in all a total of $16,703.89.

(iv)In addition, costs totalling $7,960.00 together with disbursements totalling $1,647.75 as set out in the 8 April 2013 memorandum from counsel  for  the  plaintiff  are  awarded  to  the  plaintiff  against  the second-named defendant, Ms Natha.

(v)This makes in all a total summary judgment in favour of the plaintiff against the second-named defendant, Ms Natha, totalling $551,441.73 as set out in counsel’s 8 April 2013 memorandum.

(vi)In addition, with respect to both the plaintiff’s first cause of action and the plaintiff’s second cause of action against Ms Natha, interest is to continue to accrue from today, as set out at paras A and B of the memorandum from counsel for the plaintiff dated 8 April 2013.

‘Associate Judge D.I. Gendall’