Gough Finance Limited v Ellis

[2013] NZHC 321

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CIV2009-488-000537 [2013] NZHC 321

BETWEEN  GOUGH FINANCE LIMITED Plaintiff

ANDGRAEME HERBERT ELLIS First Defendant

ANDMOETU MERTYLE HAUHANGAROA ELLIS

Second Defendant

Appearances: C Muston for the Plaintiff

No appearance by or for the Defendants

Judgment:      26 February 2013

ORAL JUDGMENT OF GILBERT J

Counsel:            C Muston, Whangarei:  [email protected]

Copy to:            G H Ellis:  [email protected]

GOUGH FINANCE V ELLIS HC WHA CIV 2009-488-000537 [26 February 2013]

[1]      The plaintiff, Gough Finance Limited, issued this proceeding in August 2009 seeking  summary  judgment  for  $359,123.36  plus  interest  allegedly  outstanding under a revolving  credit  facility agreement  entered  into  with  the defendants  on

29 March 2006.  The plaintiff’s application for summary judgment was declined by

Robinson AJ in a reserved judgment given on 11 November 2009.

[2]      A settlement was reached at a settlement conference on 20 July 2010.  The proceeding has been adjourned on several occasions since then to enable the defendants to meet their obligations under this agreement.  They have failed to do so and the matter was set down for hearing today on a formal proof basis.

[3]      The defendants have been advised of the hearing today but have taken no steps in relation to it and did not appear.

[4]      I have read the affidavit of Stephen Anton Frayle dated 21 February 2013.  I am satisfied on the basis of this affidavit that the amount currently outstanding pursuant to the settlement agreement is the sum of $92,000.  I enter judgment against both defendants for this sum.   The plaintiff does not seek interest on the agreed settlement sum.  The plaintiff is entitled to costs of $398 in relation to the formal

proof hearing today.

M A Gilbert J