Lloyd v Marama HC Rotorua CIV 2009-463-172

[2010] NZHC 2105

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

CIV 2009-463-000172

BETWEEN  RONALD MERVYN LLOYD AND JOHN ANDREW LLOYD AND STEVEN MARLIN LLOYD

Plaintiffs

ANDDANIELA MARAMA First Defendant

ANDKEVIN JOHN BUSCH Second Defendant

Hearing:         23 November 2010

Appearances: M Armstrong for the Plaintiff

Judgment:      24 November 2010

JUDGMENT OF ASSOCIATE JUDGE CHRISTIANSEN

This judgment was delivered by me on

24.11.10 at 4.30pm, pursuant to

Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date……………

Solicitors/Counsel:

M Armstrong, Aurere Law, Rotorua –  [email protected]

RONALD MERVYN LLOYD AND JOHN ANDREW LLOYD AND STEVEN MARLIN LLOYD V DANIELA MARAMA AND ANOR HC ROT CIV 2009-463-000172  24 November 2010

ANDHELENA GARVIN Third Defendant

ANDDAVID GALVIN Fourth Defendant

ANDERIC ROBIN LLOYD Fifth Defendant

[1]      The claim is supported by the affidavit of a plaintiff and in evidence from Mr Barry Hadley a consulting accountant who has frequently given expert evidence before the High Court.

[2]      In support of the application for formal proof Mr Armstrong has provided a comprehensive memorandum which describes the breakdown of a business relationship due, the plaintiffs say, to a scam to extract money from them.

[3]      The plaintiffs’ claim alleges conversion and breach of contract.   The claim for damages includes:

a)        The costs to recover the land lost because it was the only security provided for loans advanced for the business venture;

b)        Damages for loss of profit over the failed business venture;

c)        Losses continuing to accumulate from that time Mr Hadley calculated those losses.

[4]      I am satisfied that all losses claimed have been properly identified and I order the first, second and third and fifth defendants jointly and severally be ordered to pay:

a)        $324,958.55 for the loss of the land;

b)        Damages in the sum of $740,000 for the loss of opportunity from

1 April 2003 to 31 August 2010;

c)        Damages in the sum of $8,333 per month from 31 August 2010 to the date of this judgment;

d)       Interest pursuant to the Judicature Act 1908;

e)        Costs on a category 2B basis.

Associate Judge Christiansen