Fa'agutu v Derhamy

[2020] NZHC 2699

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2017-404-1071

[2020] NZHC 2699

BETWEEN

FA’ASOLO FA’AGUTU

First Plaintiff

AND

THE ESTATE OF HAMSAT ALI

Second Plaintiff

AND

SEYED MOHAMMAD TAGHI DERHAMY

First Defendant

AND

MT ALBERT ACCOUNTANTS LIMITED

Second Defendant

On the papers
Appearances:	A Kashyap, S Raju and S Yong for Plaintiffs B Murray for Defendants
Judgment:	14 October 2020

FINAL JUDGMENT OF WALKER J

This judgment was delivered by me on 14 October 2020 at 3.30 pm Pursuant to Rule 11.5 High Court Rules

Registrar/Deputy Registrar

FA’AGUTU v DERHAMY [2020] NZHC 2699 [14 October 2020]

[1]                 Following issue of my interim judgment on 6 March 2020[1] and my judgment as to costs on 19 June 2020,[2] the parties have, as directed, conferred and agreed on the calculation of interest on the Primary and Secondary sums awarded by way of damages.

[1] Fa’agutu v Derhamy [2020] NZHC 404 (Corrected by NZLII, Court original mistakenly says 2019)

[2] Fa’agutu v Derhamy [2020] NZHC 1374 (corrected by NZLII, Court original mistakenly says 2019)

[2]                 The defendant has also made several payments to the plaintiff on 15 May 2020 and 22 May 2020 in reduction of the sums awarded.

[3]                 The parties are in agreement as to the amounts now outstanding pursuant to the judgments.

[4]Accordingly, I enter judgment for the plaintiff as follows:

(a)Damages of $173,380.35 (comprising the Principal Sum and interest to 29 September 2020);

(b)Interest on the Principal Sum of $118,750.34 from 29 September 2020, at the daily rate of $9.37;[3]

[3] The purpose being to avoid interest on interest

(c)    General damages of $10,000; (d)           Costs of $45,607.74.

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

Walker J