Heartland Bank Limited v Moorcroft

[2021] NZHC 1349

IN THE HIGH COURT OF NEW ZEALAND GISBORNE REGISTRY

I TE KŌTI MATUA O AOTEAROA TŪRANGANUI-A-KIWA ROHE

CIV-2020-416-20

[2021] NZHC 1349

BETWEEN

HEARTLAND BANK LIMITED

Plaintiff

AND

DEAN KARL MOORCROFT

First Defendant

PROBUSH SERVICES LIMITED

Second Defendant

Hearing:	4 June 2021
Appearances:	J van Schalkwyk for plaintiff
Judgment:	4 June 2021

ORAL JUDGMENT OF ASSOCIATE JUDGE JOHNSTON

[1]        Having read the papers and heard from counsel for the plaintiff I am entering summary judgment for the plaintiff against the first defendant in the principal sum of

$128,077.84 together with interest on that sum at the rate of 17.75 per cent per annum ($62.28 per day) from the 13 November 2020 down to the date of payment, together with solicitor and client costs in the sum of $11,937.07.

[2]        Upon coming into Court today I was presented  with a certificate from  a     Dr Stuart Hockey dated today’s date. Dr Hockey is apparently a Gisborne general practitioner, and I am inferring from what he says that Mr Moorcroft, the first defendant, is a patient of his and that he has recently attended on Mr Moorcroft.     Dr Hockey says that Mr Moorcroft is “acutely unwell and was recently in hospital”. He goes on to say that Mr Moorcroft is “not currently fit for Court”.

HEARTLAND BANK LIMITED v MOORCROFT [2021] NZHC 1349 [4 June 2021]

[3]        This proceeding was commenced in December 2020 and Mr Moorcroft as the first defendant has had  months since then to  respond to the claim against him.      Dr Hockey’s letter is the first response that the Court has seen. I am not prepared to treat an unverified and uncontextualised letter as a reason for not entering judgment against Mr Moorcroft today.

Associate Judge Johnston

Solicitors:
Anthony Harper, Christchurch for plaintiff