Genesis Herne Bay Limited v Lauregan Holdings Limited

[2012] NZHC 540

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2012-404-485 [2012] NZHC 540

BETWEEN  GENESIS HERNE BAY LIMITED Applicant

ANDLAUREGAN HOLDINGS LIMITED Defendant

ANDEDWARD ERROL JOHNSTON Second Respondent

Hearing:         21 March 2012

Counsel:         S East for the Applicant

No appearance for the Respondents

Judgment:      26 March 2012

JUDGMENT OF WOODHOUSE J

This judgment was delivered by me on 26 March 2012 at 5:15 p.m. pursuant to r 11.5 of the High Court Rules 1985.

Registrar/Deputy Registrar

……………………………………

Solicitors:

Mr D Cooper / Ms S East, Bell Gully, Solicitors, Auckland

GENESIS HERNE BAY LIMITED V LAUREGAN HOLDINGS LIMITED HC AK CIV-2012-404-485 [26

March 2012]

[1]      The applicant (Genesis), as lessor of a property in Herne Bay, Auckland, seeks an order for possession against the first represent (Lauregan), as lessee, and judgment against Lauregan and the second respondent, Mr Johnston, for arrears of rent of $60,000 and costs.

[2]      The proceedings were served on Lauregan and Mr Johnston on 7 February

2012.  Service was also effected on other parties required to be served.  Lauregan, Mr Johnston and other parties have taken no steps.   The claims by Genesis have proceeded by way of formal proof.

[3]      Evidence is contained in an affidavit of a director of Genesis, Stephen Burt.  I am  satisfied,  on  the  basis  of  Mr  Burt’s  unchallenged  evidence,  that  Genesis  is entitled to the orders sought. Accordingly, there are orders in terms of the draft order filed, being orders as follows:

(a)      For possession of the land leased by Genesis to Lauregan Holdings Limited in accordance with lease instrument L6565930.3 (the Lease) (with immediate effect).

(b)      That the respondents pay Genesis arrears of rental owing under the

Lease of $60,000.

(c)       That the respondents pay Genesis’ costs on a category 1A basis (a

total of $3,851.90).

Woodhouse J