Bunnings Limited v Clarke

[2015] NZHC 1750

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2015-404-000567 [2015] NZHC 1750

BETWEEN

BUNNINGS LIMITED

Plaintiff

AND

HAMISH JAMES CLARKE Defendant

Hearing:	28 July 2015
Appearances:	C L Waugh for Plaintiff No appearance by or for Defendant
Judgment:	29 July 2015

JUDGMENT OF WYLIE J

This judgment was delivered by Justice Wylie on 29 July 2015 at 11.30 am

pursuant to r 11.5 of the High Court Rules

Registrar / Deputy Registrar

Date……………………..

Solicitors:

Craig Griffin & Lord, Auckland for Plaintiff

Copy to Defendant

BUNNINGS LTD v CLARKE [2015] NZHC 1750 [29 July 2015]

[1]      The plaintiff seeks summary judgment against the defendant, Mr Clarke.

[2]      The plaintiff was unable to serve the proceedings.  An order for substituted service was made on 29 May 2015.  In accordance with that order the proceedings were advertised in the New Zealand Herald on 20 June 2015.

[3]      The order as to substituted service required that there be a 25 working day gap between the date of the advertisement and the matter being called in Court.  That time period expired on 24 July 2015.

[4]      There has been no response from Mr Clarke and nothing has been filed by him.

[5]      The relevant rules have been complied with.

[6]      I enter judgment against Mr Clarke in the sum of $461,389.21, made up as follows:

(a)       $432,879.91 being the amount claimed;

(b)Interest on the sum of $424,138.65 at the rate of 7.5 per cent per annum at $87.15 from 2 March 2015 to 28 July 2015 (148 days) -

$12,898.20;

(c)       Disbursements of $4,657.60; and

(d)      Costs on a 2B basis of $10,953.50.

Wylie J