Bridgecorp Limited v Raju HC Auckland CIV-2006-404-5537

[2007] NZHC 1619

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2006-404-5537

BETWEEN  BRIDGECORP LIMITED Plaintiff

AND  LALITU RAJU Defendant

Hearing:         15 February 2007

Appearances: M.C. Frogley for Plaintiff

Defendant L. Raju in person

Judgment:      15 February 2007

ORDERS OF ASSOCIATE JUDGE D.I. GENDALL

[1]      Before me called in the List today is a summary judgment application by the plaintiff against the defendant.

[2]      The application seeks judgment for the sum of $281,553.86 said to represent a shortfall on various secured loans, together with interest, made by the plaintiff to the defendant following a mortgagee sale of certain properties owned by the defendant.

[3]      There has been no formal Notice of Opposition or affidavit in support filed by the defendant in response to the summary judgment application.

[4]      Notwithstanding that, Ms Raju the defendant personally appeared before me today.  She outlined in some detail various complaints she had with respect to the Bridgecorp loan.  Included amongst these complaints is a suggestion that a document purporting to be a variation of the term loan agreement between the plaintiff and

BRIDGECORP LIMITED V L.RAJU HC AK CIV-2006-404-5537  15 February 2007

herself dated 23 December 2004 did not bear her signature.  She said her signature must have been forged.

[5]      These matters clearly require some detailed evidence before the Court to enable a proper consideration of the summary judgment application before it.

[6]      The following directions are therefore made:

a)       The plaintiff’s summary judgment application is set down for hearing, two hours are allowed, at 10.00am on the 11th of May 2007.

b)       In the meantime, as an Unless Order the defendant is to file and serve her opposition to the plaintiff’s summary judgment application in accordance with the High Court Rules within 28 days of today.

c)       In addition, as an Unless Order the defendant is to file and serve a detailed affidavit in support of her opposition to the plaintiff’s summary judgment application also within 28 days of today.

d)The plaintiff is to have a further 21 days from that date to file and serve any reply affidavit/s.

[7]      The orders made in paragraphs [6](b) and (c) above for the defendant to file and serve her Notice of Opposition and her affidavit in support within 28 days of today are to be Unless Orders, to the effect that unless these documents are filed and served within that period, the plaintiff may immediately approach the Court to have

summary judgment entered against the defendant.

Associate Judge D.I. Gendall