FM Custodians Limited v St Asaph Investments 2011 Limited

[2016] NZHC 1914

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2016-409-000202 [2016] NZHC 1914

BETWEEN

FM CUSTODIANS LIMITED

Plaintiff

AND

ST ASAPH INVESTMENTS 2011

LIMITED Defendant

Hearing:	17 August 2016
Appearances:	M B Couling for Plaintiff D M Lester for Defendant
Judgment:	17 August 2016

ORAL JUDGMENT OF DUNNINGHAM J

[1]      By consent the parties have agreed that a further order can be made in terms of the additional interest component of the summary judgment claim in the sum of

$345,220.02 as set out in the draft order that was handed up in Court today.

[2]      In the interests of expediting matters, I make an order for vacant possession now against the defendant, in the terms sought in the plaintiff’s application.  I will issue a short judgment setting out my reasons in due course.  The order is to take effect 14 days from today’s date.

[3]      I  reserve  the  issue  of  costs  to  be  dealt  with  at  the  conclusion  of  the proceedings when all matters are resolved.

Solicitors:

Anderson Lloyd, Dunedin

D M Lester, Barrister, Christchurch

Canterbury Legal, Christchurch

FM CUSTODIANS LIMITED v ST ASAPH INVESTMENTS 2011 LIMITED [2016] NZHC 1914 [17 August

2016]