Bank of New Zealand v Johnson

[2014] NZHC 3041

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV 2014-404-002380 [2014] NZHC 3041

BETWEEN

BANK OF NEW ZEALAND

Plaintiff

AND

IAN HAROLD JOHNSON Defendant

Hearing:	2 December 2014
Appearances:	A Milosavljevic for the Plaintiff No Appearance by or for the Defendant
Judgment:	2 December 2014

[ORAL] JUDGMENT OF WYLIE J

BANK OF NEW ZEALAND v JOHNSON [2014] NZHC 3041 [2 December 2014]

[1]      Ms Milosavljevic appeared for the Bank of New Zealand.   There was no appearance by or for the defendant, Mr Johnson.

[2]      The  bank,  in  its  statement  of  claim,  seeks  summary  judgment  against

Mr Johnson in the sum of $643,872.12.  In addition, it seeks interest on the sum of

$78,999.55 at the rate of 23.2 percent from 19 July 2014 to the date of judgment.  It seeks interest on the sum of $564,872.57 at the rate of 9.49 percent from 19 July

2014 to the date of judgment.  It also seeks costs on a solicitor/client basis under the terms of the loan documentation entered into between it and Mr Johnson.

[3]      As at today’s date, interest on the sum of $78.919.55 amounts to $6,878.77, and interest on the sum of $564,872.57 amounts to $20,121.19.  The solicitor/client costs sought are in the sum of $4,208, together with disbursements in the sum of

$1,292.17.   Copies of the invoices showing how the fees are made up have been made available to the Court. There is also a schedule of disbursements.

[4]      I  am  satisfied  that  the  proceedings  were  served  on  Mr  Johnson.    The documents were served on him by email, after he entered into a written agreement with the bank confirming that any documents required to be served on him could be served at his email address.  I am also told by Ms Milosavljevic, appearing for the bank, that both she and the bank have been in discussions with Mr Johnson and that there has been no suggestion that service has not been properly attended to.

[5]      No steps have been taken by Mr Johnson.  The time for filing any notice of opposition has long since passed.

[6]      I am satisfied that it is appropriate to enter judgment in the terms sought by the bank.  The total amount of the debt outstanding as at today’s date is $670,872.08 and I enter judgment in that sum.  In addition, I award costs in favour of the bank against Mr Johnson in the sum of $4,208, together with disbursements in the sum of

$1,292.17.

Wylie J