Bartley Real Estate Limited v Baron

[2021] NZHC 2115

IN THE HIGH COURT OF NEW ZEALAND WHANGANUI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGANUI ROHE

CIV-2021-483-002

[2021] NZHC 2115

BETWEEN

BARTLEY REAL ESTATE LIMITED

Plaintiff

AND

STEPHEN JAMES BARON

First Defendant

WHANGANUI MANSIONS LIMITED

Second Defendant

Hearing:

11 August 2021

Appearances:

P D M Johns for plaintiff First defendant in person

No appearance by second defendant

Judgment:

11 August 2021

ORAL JUDGMENT OF ASSOCIATE JUDGE JOHNSTON

[1]                  This is a summary judgment proceeding in which the plaintiff company seeks judgment against the first and second defendants. The first defendant, Mr Stephen Barron, appeared on his own behalf as he is perfectly entitled to do. He also purported to speak on behalf of the second defendant, Wanganui Mansions Ltd. I explained to Mr Barron that he had no standing to do so, but that I would nevertheless listen to what he had to say. The plaintiff company through Mr Johns seeks judgment today on the basis that Mr Baron has effectively abandoned any defence he might have in the papers filed and that any papers filed, on behalf of the second defendant company were not filed by a solicitor and are therefore a nullity.

BARTLEY REAL ESTATE LIMITED v BARON [2021] NZHC 2115 [11 August 2021]

[2]                  Mr Baron when he spoke to me indicated, both on his own behalf and on behalf of the second defendant, that they wish to offer no defence and consented to the entry of summary judgment against them.

[3]                  Accordingly, I now enter summary judgment in favour of the plaintiff against the first and second defendants jointly in the terms sought in the prayers for relief contained in the plaintiff’s statement of claim dated 22 January 2021.

[4]                  The plaintiff will have scale costs on a 2B basis together with such disbursements as may be allowed by the Registrar.

Associate Judge Johnston

Solicitors:
A J Park, Auckland for plaintiff