Davidson Armstrong & Campbell Solicitors Nominee Company Limited HC Wellington CIV-2011-485-1147

[2011] NZHC 1874

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2011-485-1147

BETWEEN  DAVIDSON ARMSTRONG & CAMPBELL SOLICITORS NOMINEE COMPANY LIMITED

Plaintiff

ANDELEFTARIOUS SEREPISOS Defendant

Hearing:         18 July 2011

Counsel:         J. Verbiesen - Counsel for Plaintiff

Judgment:      18 July 2011

ORAL DECISION OF ASSOCIATE JUDGE D.I. GENDALL

Solicitors:           Davidson Armstrong & Campbell, Solicitors, PO Box 54, Waipukurua

DAVIDSON ARMSTRONG & CAMPBELL SOLICITORS NOMINEE COMPANY LIMITED V E SEREPISOS HC WN CIV-2011-485-1147 18 July 2011

[1]      Before the Court in the List today 18 July 2011 is a summary judgment application by the plaintiff against the defendant.

[2]      Ms Verbiesen appeared as counsel for the plaintiff.

[3]      Earlier in the list today, Mr Chapman appeared as counsel for the defendant on other matters.  At that time, he indicated that the defendant, who had been served with the present proceeding and summary judgment application, did not oppose that present summary judgment application.

[4]      So far as service of the present application and proceeding is concerned, however, Ms Verbiesen for the plaintiff confirmed to the Court it was served upon Mr Serepisos, the defendant only on 8 July 2011.  There is no affidavit of service on the file, however, nor does Ms Verbiesen hold one.

[5]      Under those circumstances there appears to be no alternative but to adjourn this matter for an affidavit of service to be filed and for the necessary time to elapse prior to dealing with the present summary judgment application.

[6]      That said, this matter is now adjourned to a call at 10.00 am on 1 August

2011.

[7]      It is noted for completeness, however, as I have indicated above, that when he appeared on the other matter for the defendant earlier today, Mr Champan confirmed that  there  would  be  no  opposition  raised  to  the  present  summary  judgment application. That is simply recorded at this point.

‘Associate Judge D.I. Gendall’