Bank of New Zealand v Rillstone

[2016] NZHC 1227

IN THE HIGH COURT OF NEW ZEALAND WANGANUI REGISTRY

CIV-2016-483-0017 [2016] NZHC 1227

BETWEEN

THE BANK OF NEW ZEALAND

Plaintiff

AND

ROBERT ASHLEY RILLSTONE Defendant

Hearing:	8 June 2016
Counsel:	N A Refoy-Butler for the Plaintiff No appeareance for the Defendant
Judgment:	8 June 2016

JUDGMENT OF ASSOCIATE JUDGE SMITH

[1]      The plaintiff applies for summary judgment against Mr Rillstone for amounts owing by him personally under a home loan agreement entered into on 17 July 2012, and in his capacity as guarantor of certain advances and overdraft accommodation made  by  the  plaintiff  to  R  A  Rillstone  Log  Cartage  Ltd  (in  liquidation)  (the company).

[2]      Service on Mr Rillstone was completed on 4 April 2016.  He has not filed any notice of opposition, and he did not appear at the hearing today.

[3]      For  the  plaintiff,  Mr  Dermot  Rodden,  manager  of  Strategic  Business Services,  has  provided  an  affidavit  verifying  the  contents  of  the  plaintiff’s statement of claim  and  deposing  to  his  belief  (and  the  plaintiff’s  belief)  that Mr Rillstone has no defence to the claims.

[4]      The company was placed in liquidation on 24 June 2015.  While the plaintiff did make a recovery on the sale of certain secured property, there was a shortfall.  On

THE BANK OF NEW ZEALAND v ROBERT ASHLEY RILLSTONE [2016] NZHC 1227 [8 June 2016]

19 February 2016 the plaintiff demanded the total $363,095.36 that was then owing. No payments have since been made by Mr Rillstone.

[5]      I am  satisfied  that  the  plaintiff  has  sufficiently  proved  its  claims  and  is entitled to summary judgment.  In accordance with a schedule produced by counsel, the total amount of the claim, apart from costs, is $376,908.06.  That sum is made up of the balance owing by Mr Rillstone under the various facilities, together with interest in the total sum of $13,812.70 calculated to 8 June 2016.

[6]      Under  the  various  facilities  granted  by the  plaintiff  to  the  company and Mr Rillstone,  the  plaintiff  was  entitled  to  recover  any  costs  incurred  by  it  in recovering money owing by Mr Rillstone or the company.   Counsel has produced copies of invoices showing total fees rendered to the plaintiff of $4,948.80, plus disbursements  totalling  $1,756.41.    I am  satisfied  that  those  fees  and  costs  are reasonable.

[7]      I accordingly enter judgment for the plaintiff against Mr Rillstone in the sum of $376,908.06, including interest calculated to 8 June 2016.  I also make an order for costs in the plaintiff ’s favour in the sum of $4,948.80, and disbursements in the sum of $1,756.41.

Associate Judge Smith

Solicitors:

Armstrong Barton, Wanganui for the plaintiff