Carters Building Supplies Limited v Budhiraja

[2022] NZHC 1640

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2022-404-000491

[2022] NZHC 1640

BETWEEN

CARTERS BUILDING SUPPLIES LIMITED
Plaintiff

AND

ANKIT BUDHIRAJA

Defendant

Hearing:

12 July 2022

Appearances:

S Chow for Plaintiff

No appearance for Defendant

Judgment:

12 July 2022

JUDGMENT OF VENNING J

This judgment was delivered by me on 12 July 2022 at 11.30 am, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date……………

Solicitors:           Stace Hammond, Hamilton Copy to:  Defendant

CARTERS BUILDING SUPPLIES LTD v BUDHIRAJA [2022] NZHC 1640 [12 July 2022]

[1]        Carters Building Supplies Limited (Carters) seeks summary judgment against Ankit Budhiraja (the defendant). On or about 5 November 2017, KB Project Management Limited entered a credit account application and terms of agreement for supply with Carters, a division of Carter Holt Harvey Limited.

[2]        On or about the same date the defendant guaranteed the obligations of KB Project Management Limited. Pursuant to the terms of the guarantee the defendant is liable as a sole and principal debtor.

[3]        Carter Holt Harvey Limited subsequently assigned the Agreement and guarantee to Carters.

[4]        KB Project Management Limited has failed to comply with its obligations under the Agreement. Carters seeks to enforce the guarantee by way of summary judgment. The proceedings and application for summary judgment were served by way of substituted service. The defendant has taken no steps.

[5]        The Court is satisfied on the basis of the evidence before it, particularly the affidavit of Malia Lisi Grantley of 1 April 2022, that the defendant has no reasonably arguable defence to the claim.

[6]        Accordingly, judgment is entered for Carters against the defendant in the sum of $2,194,388.61 calculated as follows:

(a)$2,040,456.16, (taking account of credits due);

(b)interest to 12 July 2022 in the sum of $134,699.48;1 and

(c)actual legal costs and expenses reasonably incurred attempting to enforce payment of $19,232.97.2

1      Cl 8.1(a) of the Agreement for Supply.

2      Cl 8.2(c) of the Agreement for Supply.

[7]        In addition, interest is to continue to accrue from the date of judgment until payment is received in full in accordance with cl 8.1(a) of the Agreement.

Venning J