KEA FORESTRY LIMITED AND NARGUIZ HOVIK

[2024] NZHC 3042

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2023-404-3041

[2024] NZHC 3042

BETWEEN

KEA FORESTRY LIMITED

Plaintiff

AND

NARGUIZ HOVIK

Defendant

Hearing:

On the papers

Appearances:

AJ Steel for the Plaintiff

No appearance for the Defendant

Judgment:

18 October 2024

JUDGMENT OF ASSOCIATE JUDGE SUSSOCK

(Quantum)

This judgment was delivered by me on 18 October 2024 at 10 am pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Solicitors:

Hornabrook MacDonald, Auckland

KEA FORESTRY LTD v HOVIK [2024] NZHC 3042 [18 October 2024]

Introduction

[1]                 I issued a judgment on 30 September 2024 entering summary judgment against Ms Hovik for liability with final orders for quantum to follow the filing of a further memorandum recalculating the interest payable for each category so final quantum orders can be made.1

[2]                 The interim position reached in respect of quantum in the judgment was as follows:2

(a)Rent and outgoings under the lease of $22,536.29 (rent including GST) plus $5,186.54 (outgoings excluding GST) are awarded for a total of

$27,722.83. This is reduced by the bond payment of $22,500 for a total of $5,222.83 plus contractual default interest from the due date for payment to the date of payment.

(b)Damages of $81,371.28 (exclusive of GST) plus interest under the Interest on Money Claims Act 2016 from the date of filing of the statement of claim to the date of payment.

(c)Indemnity   costs   of   $16,861.91   plus   interest   under    the Interest on Money Claims Act from the date of this judgment to the date of payment.

[3]                 Kea Forestry Ltd (KFL) has now filed a memorandum calculating interest either  at  the  contractual  default  interest  rate  or  pursuant  to  s  10  of   the Interest on Money Claims Act.

[4]                 KFL has calculated interest to the date of the memorandum filed but proposes that judgment for liability and quantum might appropriately be entered in the form attached to their memorandum.

1      Kea Forestry Ltd v Hovik [2024] NZHC 2821 at [76]–[78].

2 At [77].

[5]                 I agree that the orders proposed are appropriate except for the addition of a reference to 12 per cent interest being the contractual default rate and costs being awarded on an indemnity basis pursuant to the contract. I therefore make final orders on this basis below.

Orders

[6]I order:

(a)judgment is entered in favour of KFL against Ms Hovik for $5,222.83, plus interest on that amount at the contractual default interest rate of 12 per cent per annum from 14 March 2023 to the date of payment;

(b)judgment is entered in favour of KFL against Ms Hovik for $81,371.28, plus interest under s 10 of the Interest on Money Claims Act 2016 from 18 December 2023 to the date of payment; and

(c)Ms Hovik is to pay KFL’s costs of $16,861.91 on an indemnity basis as provided for in the  contract  plus  interest  under  s  10  of  the  Interest on Money Claims Act from 30 September 2024 to the date of payment.

Associate Judge Sussock