Auckland International Airport Limited v Spazio Casa Property Limited

[2017] NZHC 433

IN THE HIGH COURT OF NEW ZEALAND

AUCKLAND REGISTRY

CIV-2016-404-002386

[2017] NZHC 433

BETWEEN

AUCKLAND INTERNATIONAL AIRPORT LIMITED
Plaintiff

AND

SPAZIO CASA PROPERTY LIMITED

First Defendant

MAURIZIO COZZOLINO

Second Defendant

Hearing:

14 March 2017

Counsel:

A R MacDuff for the Plaintiff

No Appearance of, or for the First or Second Defendant

Judgment:

14 March 2017

JUDGMENT OF EDWARDS J

This judgment was delivered by Justice Edwards on 14 March 2017 at 3.00 pm, pursuant to

r 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

Solicitors:    Russell McVeagh, Auckland

AUCKLAND INTERNATIONAL AIRPORT LTD v SPAZIO CASA PROPERTY LTD [2017] NZHC 433

[14 March 2017]

Copy To:     A R Gilchrist, Auckland

[1]        The plaintiff seeks summary judgment against the first defendant for breaches of obligations under two leases.

[2]        The summary judgment is only sought against the first defendant. The second defendant is opposing the application and a hearing date for the application is set down for 26 April 2017.

[3]        The application was filed  on 21 September 2016.  Service was effected  on 16 December 2016. The application was called on 21 February 2017 and judgment sought at that time. I adjourned the application for mention in today’s summary judgment list. The first defendant was called this morning but there was no appearance on its behalf.

[4]        The plaintiff has recently filed further affidavits and draft orders which relate to the quantification of the claim. This has resulted in a lesser sum sought against the first defendant, and changes to the quantum of interest.

[5]        Legal costs on a solicitor-client basis in the sum of $25,359.49 are sought. I am satisfied that such a sum is reasonable given the steps taken in the proceeding as set out in the affidavits filed in support.

[6]        Accordingly, I make orders in terms of the draft sealed orders provided to the Court on 14 March 2017 and which, for convenience, is annexed to this judgment.

Edwards J

AFTER READING the noline of proceedIng dated 21 September 2016, statement of claim dated 21 September 20 6. the Interlocutory application on notice for summ ary judgment dated 21 September 2016, the affidavits of Paul Miles Kenna sworn 21 September 2016 and 13 March kO17, the affidavit of Joshua Craig ñuyker sworn 23 February 2017, the affidavits of Aria Antoinette Marie Newfield sworn 20 February 2017 and 13 March 2017 and UPON HP-•ARING A R MacDuff, counsel on behalI of the plaintiff, THIS COURT MAKES ORDERS:

1.Judgment against the first defendant, Spazio Casa Property Limited, for a sum of $410,346.94, comprising:

Judgment In respect of the loss suffered by the plaintiff outlined at paragraph 25 of the Statemen I oF Claim against the first defendant in the sum of:	$3$7,1 70.83
Interest pursuanI to clauses 1.1 and 23.7 of the Manu Tapu Lease, and clauses 1.1 and 21.0 of the LandIng Drive Lease, which has acc ued as at 16 February 2017:	$26,416.02
Legal costs on a solicitor/client basis, pursuant to clause 28.2 of the Manu Tapu Lease and clause 26.2 of the Landing Drive Lease:	$2•i,369 49
Disbursements (as outlined In the enclosed schedule):	$1,400.00
TOTAL

BY THE COURT

(Deputy) Registrar

Sealed at Auckland  204 7