FM Custodians Limited v Katikati Commercial Centre Limited

[2013] NZHC 1864

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CIV-2013-470-292 [2013] NZHC 1864

BETWEEN  FM CUSTODIANS LIMITED Plaintiff

ANDKATIKATI COMMERCIAL CENTRE LIMITED

First Defendant

DAVID GEOFFREY FISHER Second Defendant

DAVID MACKENZIE WEST Third Defendant

WEST INVESTMENTS 2000 LIMITED and DAVID GEOFFREY FISHER and JULIE MAREE FISHER (discontinued) and CLM TRUSTEE LIMITED

Fourth Defendants

Date of hearing:       19 July 2013

Appearances:           Ms Paddison on agency instructions

Judgment:                19 July 2013

ORAL JUDGMENT OF ASSOCIATE JUDGE J P DOOGUE

FM CUSTODIANS LIMITED v KATIKATI COMMERCIAL CENTRE LIMITED & ORS [2013] NZHC 1864 [19 July 2013]

[1]      The plaintiff now seeks summary judgment against those of the defendants who have been served with the proceedings within New Zealand and Mr West who was served in Australia.  Against those defendants there will be judgment in the sum of $512,377.75 plus costs of $1,976.01.   In the case of CLM Trustees Limited judgment will be limited to the assets of the Bayzone Investment Trust.

[2]      In  the  case  of  Mr  David  Fisher,  the  second  defendant,  service  was  not completed in time for today’s hearing and the application for summary judgment against him will be adjourned to 16 August 2013 at 11.45 a.m.   A copy of this judgment is to be served on Mr Fisher.  Service can be affected by sending a copy of this judgment by email attachment to Mr Owen Cooney who has already been served with the substantive proceedings.

[3]      In the case of Mrs Julie Maree Fisher, the plaintiff elects to discontinue and so no orders are required with regard to her.

J.P. Doogue

Associate Judge