Heartland Building Society v Tippins HC Tauranga CIV-2011-470-464

[2011] NZHC 2046

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CIV-2011-470-464

BETWEEN  HEARTLAND BUILDING SOCIETY Plaintiff

ANDCLIVE JOHN RICHARD TIPPINS Defendant

Hearing:         14 November 2011

Appearances: Mr D Broadmore for plaintiff

Mr A J Bush for defendant

Judgment:      19 December 2011 at 5:00 AM

JUDGMENT TWO (Correction) OF ASSOCIATE JUDGE DOOGUE

This judgment was delivered by me on

19.12.11 at 5 pm, pursuant to

Rule 11.5  of the High Court Rules.

Registrar/Deputy Registrar

Date……………

Solicitors:

Buddle Findlay, P O Box 1433, Auckland – [email protected]

Bush Forbes, P O Box 526, Tauranga - by email: [email protected]

HEARTLAND BUILDING SOCIETY V TIPPINS HC TAU CIV-2011-470-464 19 December 2011

[1]      My attention has been drawn to the parts of my judgment dated 13 December

2011 which deal with the matter of interest.

[2]      The orders that I made require correction.  The plaintiff is entitled to interest

as per paragraph “(b)” of my judgment.

[3]      “(c)” is in error and I recall my judgment and delete that provision.

[4]      The Registrar has referred to me the draft judgment which the plaintiff has submitted for sealing.  That draft requires amendment having regard to the changes contained in this second judgment.

[5]      I will not make any order for interest from the date of the entry of judgment. That matter is covered by r 11.27 of the High Court Rules without the necessity of

any order being made by the Court.

J.P. Doogue

Associate Judge