Codylan Farms Limited v Northern Farm Services Limited

[2015] NZHC 1763

IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY

CIV-2013-043-262 [2015] NZHC 1763

BETWEEN

CODYLAN FARMS LIMITED

First Plaintiff

VERO INSURANCE NEW ZEALAND LIMITED

Second Plaintiff

AND

NORTHERN FARM SERVICES LIMITED

Defendant

Hearing:	On the papers
Appearances:	A W M Britton for First and Second Plaintiffs P J Napier and N J Pye for Defendant
Judgment:	29 July 2015

JUDGMENT NO 2 OF M PETERS J

This judgment was delivered by Justice M Peters on 29 July 2015 at 2.30 pm pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Date: ...................................

Solicitors:           C & M Legal, New Plymouth

Keegan Alexander, Auckland

CODYLAN FARMS LTD v NORTHERN FARM SERVICES LTD [2015] NZHC 1763 [29 July 2015]

[1]      I refer to [95] of my judgment of 20 July 2015.1

[2]      I have now received advice from counsel that judgment should be entered for

GST inclusive sums.2

[3]      I enter judgment for the First Plaintiff in the sum of $140,881.81 including GST, together with interest at the rate prescribed by the Judicature Act 1908, from the  date  proceedings  were  commenced,  being  30  July  2013,  until  the  date  of payment.

[4]      I enter judgment for the Defendant against the First Plaintiff in the sum of

$36,984.80 including GST, together with interest at the rate of 4 per cent per month on all sums not paid in full by the 20th of the month following delivery.3

..................................................................

M Peters J

1      Codylan Farms Ltd v Northern Farm Services Ltd [2015] NZHC 1678.

2      Email advice Keegan Alexander to the Court dated 27 July 2015.

3      Amended  Statement  of  Defence  to  Amended  Statement  of  Claim  and  Counter-Claim  by

Defendant against the First Plaintiff dated 22 October 2014 at [24](b).