Hole v Snedden

[2012] NZHC 2419

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2012-404-001699 [2012] NZHC 2419

BETWEEN  REGINALD ANTHONY HOLE First Plaintiff

ANDMARY-ANN BOYS Second Plaintiff

ANDDAVID WARWICK SNEDDEN First Defendant

ANDSNEDDEN SOLICITOR'S NOMINEE COMPANY LIMITED

Second Defendant

Hearing:         6 September 2012

Appearances: R Hindle / A Borchardt for plaintiffs

M Dennett / M Armistead for defendants

Judgment:      20 September 2012

JUDGMENT OF ASSOCIATE JUDGE DOOGUE [Judgment on summary judgment application]

This judgment was delivered by me on

20.09.12 at 4 pm, pursuant to

Rule 11.5  of the High Court Rules.

Registrar/Deputy Registrar

Date……………

Counsel:

Kennedys, P O Box 3158, Auckland – [email protected] / m.armistead@kennedys- law.co.nz

Royden Hindle, 88 Shortland Street, Auckland – [email protected]

HOLE & Anor V SNEDDEN & Anor HC AK CIV-2012-404-001699 [20 September 2012]

[1]      I thank counsel for their consent memorandum dated 6 September 2012. Associate Judge Christiansen entered judgment as to liability on 1 August 2012.  The parties have now agreed on the issue of quantum and judgment is now entered on the application of the plaintiff for $643,724.56 comprising:

a)        The amount owed to the plaintiffs as at 6 September 2012 will be

$643,724.56 comprising

i)        $450,000 principal

ii)       $115,960.66 interest to 28 June 2011;

iii)      $65,250 interest for the year 29 June 2011 to 28 June 2012;

iv)      $8,938.50 interest from 29 June 2012 to 17 August 2012;

v)       $3,575.40 interest from 18 August to 6 September 2012.

[2]      The defendants are ordered to pay costs of $13,271.20 and disbursements of

$1,329.00.

[3]      It is noted that although the defendants do not consent to entry of judgment they do not oppose the entry of judgment in the terms that I have just set out.

J.P. Doogue

Associate Judge