ASB Bank Limited v Watson HC Christchurch CIV 2010-409-1500

[2010] NZHC 2243

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2010-409-001500

BETWEEN  ASB BANK LIMITED Plaintiff

ANDDARROL JOHN WATSON First Defendant

ANDPEGGY ANNE WATSON Second Defendant

Hearing:         13 December 2010

Appearances: L M Taylor for Plaintiff

No appearance for Defendants

Judgment:      14 December 2010

JUDGMENT OF ASSOCIATE JUDGE OSBORNE

[1]      The plaintiff bank made term loans and made credit card finance available to the defendants.   The defendants, as security, granted the plaintiff a mortgage over their property at 37 Gammons Road, Oxford, Canterbury.

[2]      The defendants have been in default of their loan agreements and mortgage covenants.

[3]      The plaintiff seeks summary judgment.   I am satisfied by the evidence of Robert Chung that the defendants have no arguable defences to the plaintiff’s claims for monies owing under their contracts and for possession of the property.

[4]       There will be judgment for the plaintiff against the defendants jointly and severally in the sums and on the bases referred to in the memorandum dated 10

ASB BANK LIMITED V WATSON AND ANOR HC CHCH CIV-2010-409-001500  14 December 2010

December 2010 (including in relation to costs and disbursements, except to the extent that the costs identified in paragraph 1(d) shall be reduced from $14,620.55 to

$14,120.55, so as to take into account the order of costs already made by this Court

on 1 November 2010).

Associate Judge Osborne