Keith Hay Enterprises Limited v Jina

[2012] NZHC 2975

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2012-404-005480 [2012] NZHC 2975

BETWEEN  KEITH HAY ENTERPRISES LIMITED Plaintiff

ANDNARENDRA JINA Defendant

Hearing:         5 November 2012

Further memoranda 8 November 2012

Counsel:         G J Kohler for Plaintiff

Judgment:      9 November 2012

JUDGMENT OF VENNING J By formal proof

This judgment was delivered by me on 9 November 2012 at 12.15 pm, pursuant to Rule 11.5 of the

High Court Rules.

Registrar/Deputy Registrar

Date……………

Solicitors:           Foley & Hughes, Auckland

Copy to:            G J Kohler, Auckland

The Defendant

KEITH HAY ENTERPRISES LTD V JINA HC AK CIV-2012-404-005480 [9 November 2012]

[1]      This matter was called before me in the Duty Judge list on 5 November 2012. There was no appearance for the defendant.  Mr Kohler sought judgment on behalf of the plaintiff.  I requested counsel to file a memorandum setting out the terms of the judgment sought together with an affidavit confirming the payments received from the defendant.  I have now received the required material.

[2]      I am satisfied that it is appropriate to enter judgment in the terms sought by the plaintiff.   In short the plaintiff’s case is that the defendant has stolen moneys from the plaintiff during the course of the defendant’s employment as an office and accounts manager with the plaintiff.

[3]      The allegations in the statement of claim are proved by the affidavit of Ms

Hay, the finance and administration manager of the plaintiff.

[4]      The defendant has taken no steps to defend the proceeding and has effectively admitted his wrongdoing both to the police and to Mr Hay.

[5]      Accordingly I enter judgment and make the following orders: (a)      judgment in the principal sum of $666,933.19;

(b)      interest in the total sum of $152,382.99 calculated as follows:

Year Taken  Amount Taken         Interest                Total

2007  96,979.38          35,979.95         132,959.33

2008  142,460.00          44,864.65         187,324.65

2009  142,644.81          33,126.40         175,771.21

2010  172,870.00          25,762.28         198,632.28

2011  156,777.00          10,657.20         167,434.20

2012  105,202.00            2,670.59          107,872.59

Less credit for interest on payment received 3/10/12

-150,000.00             -678.08         -150,678.08

Total principal  666,933.19         152,382.99         819.316.18

[6]      Costs on a 2B basis together with disbursements, in total $12,100.80.

[7]      The charging order and freezing order are to remain in place pending further order of the Court.

[8]      Leave  reserved  to  the  plaintiff  to  seek  the  declaration  regarding  the constructive trust in (d) of the prayer for relief.

[9]      Leave reserved to the plaintiff to amend the extant claim to seek further losses in the event such further losses are ascertained.

[10]     Proceeding adjourned for call and review in the Duty Judge list on Monday

27 May 2013.

Venning J