King v PFL Finance Limited

[2012] NZHC 2401

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2012-404-1734 [2012] NZHC 2401

BETWEEN  THOMAS FREDERICK MAZLIN KING AND JUDITH RUTH KING AS TRUSTEES OF THE TFM AND JR KING PARTNERSHIP

First Plaintiff

ANDHAVELOCK FARMS LIMITED Second Plaintiff

ANDPFL FINANCE LIMITED First Defendant

ANDCRAIG BEECROFT Second Defendant

Hearing:         14 September 2012

Appearances: A J Woodhouse and A C Poole for Plaintiffs

K M Quinn for Defendants

Judgment:      17 September 2012

RESULT JUDGMENT OF PETERS J

This judgment was delivered by Justice Peters on 17 September 2012 at 2:45 pm pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Date: ...................................

Solicitors:           Carter & Partners, Auckland:  [email protected] / [email protected]

Heimsath Alexander, Auckland:  [email protected]

Counsel:            K M Quinn, Auckland:  [email protected]

KING V PFL FINANCE LIMITED HC AK CIV-2012-404-1734 [17 September 2012]

[1]      On 14 September 2012 I heard three interlocutory applications, being the Plaintiffs’ applications for leave to amend their statement of claim and for interim orders, and the Defendants’ application for security for costs against the Second Plaintiff.

[2]      At the conclusion of the hearing I advised counsel that I would deliver a results judgment today with reasons to follow.

Result

[3]      The Plaintiffs’ application for leave to amend is allowed, but the Plaintiffs are required to omit the cause of action in waiver and estoppel.

[4]      The Plaintiffs’ application for interim orders is declined.

[5]      The Defendants’ application for security for costs against the Second Plaintiff

is declined.

[6]      My reasons will follow shortly.

..................................................................

M Peters J