Kiwi Stuff Limited v Mullions

[2016] NZHC 492

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2015-409-000798 [2016] NZHC 492

BETWEEN

KIWI STUFF LIMITED

Plaintiff

AND

SCOTT MULLIONS Defendant

Hearing:	22 March 2016
Appearances:	K Williams for Plaintiff No appearance for Defendant
Dateof Minute:	22 March 2016

JUDGMENT OF DUNNINGHAM J

[1]      This is a claim by Kiwi Stuff Limited for judgment in the sum of $31,200, being the amount which remains owing on the sum of $40,000 which was lent to the defendant, Mr Mullions, on 21 May 2012.

[2]      The claim was served on Mr Mullions on 10 December 2015, and he has not filed a statement of defence so the matter has come before this Court as a formal proof hearing.

[3]      Affidavit  evidence has  now been  filed with  the Court.   The affidavit  of Peter Rigg, who is the director of the plaintiff, explains that in May 2012 he made an oral agreement with the defendant, to advance the defendant the sum of $40,000 to be repaid in full by 10 May 2014.  In return he received a 20 per cent shareholding in Tourist Times South Island Limited as security for the loan.  On 10 May 2012, the sum of $40,000 was advanced to the defendant.   Mr Rigg then sets out in his

affidavit evidence the various communications he had with the defendant regarding

KIWI STUFF LIMITED v MULLIONS [2016] NZHC 492 [22 March 2016]

repayment.  In the end, he engaged a debt collector to try and assist with recovery of the sum, but to no avail.

[4]      There is also an affidavit from Mr Wayne Barnard of Debt Management Services Limited.  He explains that he was engaged in October 2014 to assist with the recovery of the debt.   His affidavit sets out communications which took place with the defendant from mid-October 2014 to August 2015.   Unfortunately these communications were also to little avail and only modest repayments were made.

[5]      I am satisfied that the evidence supports the claim in the amount of $31,200 and I award judgment to the plaintiff in that amount.

[6]      The plaintiff also seeks costs on a 2A basis totalling $3,568, plus the filing fee of $1,350 as a disbursement.  I consider these amounts are reasonable in all the circumstances, and costs and disbursements in those amounts are also awarded in the plaintiff’s favour.

Solicitors:

Williams & Co., Christchurch