Beazley v Luxor Developments Limited HC Tauranga CIV 2008-470-710

[2008] NZHC 2612

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CIV 2008-470-710

BETWEEN  DOREEN ELIZABETH BEAZLEY Plaintiff

ANDLUXOR DEVELOPMENTS LIMITED First Defendant

AND  PASCALE RUTH BOLLE-TAYLER Second Defendant

Hearing:         6 October 2008 (Heard at Rotorua)

Appearances: Ms S Wootton for plaintiff

No appearance for defendants

Judgment:      6 October 2008

ORAL JUDGMENT OF ASSOCIATE JUDGE DOOGUE

Counsel:

Holland Beckett, Tauranga (Mr M J Sharp)

BEAZLEY V LUXOR DEVELOPMENTS LIMITED AND ANOR HC TAU CIV 2008-470-710 6 October

2008

[1]      The plaintiff has filed an application for summary judgment and served it. The notice of proceeding, statement of claim and papers relating to the application for summary judgment were served on 1 September 2008.

[2]      The plaintiff has filed an affidavit proving that a term loan agreement was entered into 11 April 2007.  She has also established that the loan went into default with the amount of $222,615.15 being in arrears as at 10 April 2008.  On that date a notice pursuant to s 119 of the Property Law Act 2007 was served.  Subsequently a property over which the defendants provided security was sold at mortgagee sale for

$7,225,000.  That however left a deficiency of $405,847.38.

[3]      The plaintiff now seeks judgment in that sum together with interest that has since accrued and the total amount for which judgment is sought is $423,057.10 as particularised in paragraph 7 of the memorandum which counsel for the plaintiff, Ms Wootten, has handed up to me today.

[4]      I am satisfied that the defendants have no defence to the plaintiff’s claim and that they are indebted to the plaintiff in the sum claimed and I accordingly enter

judgment for the sum of $423,057.10.

J.P. Doogue

Associate Judge