Mossop v Imran

[2021] NZHC 685

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE

CIV-2020-470-000105

[2021] NZHC 685

BETWEEN

NEIL MOSSOP

Plaintiff

AND

ASHER IMRAN

Defendant

Hearing:

29 March 2021

Appearances:

M Beech for the Plaintiff

No appearance for the Defendant

Judgment:

30 March 2021

JUDGMENT OF ASSOCIATE JUDGE GARDINER

This judgment was delivered by me on 30 March 2021 at 4.45 p.m. pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date.......................................

Solicitors:

Bush Forbes, Tauranga

MOSSOP v IMRAN [2021] NZHC 685 [30 March 2021]

Introduction

[1]        The plaintiff, Neil Mossop, has applied for summary judgment of the cause of action in his statement of claim dated 2 November 2020.

[2]        The plaintiff claims that he and the defendant, Dr Asher Imran, entered into an oral agreement in around April 2016, in Tauranga, New Zealand. It is claimed that they agreed to establish a partnership, together with the defendant’s business partner, Mr Nazir Barkat, to develop land in Karachi, Pakistan, and distribute the profits to Christian ministries in Pakistan, Bangkok, and Nepal. The plaintiff agreed to lend the defendant USD $300,000 to undertake the project, with the monies to be repaid in full by 31 January 2018. The plaintiff made three separate transfers of USD $100,000 to the defendant on the following dates: 27 July 2016, 1 August 2016, and 4 August 2016.

[3]        By 25 July 2017 it had become apparent to the plaintiff that the project would not be proceeding, and that the defendant had used the loan monies for unrelated and unauthorised purposes. That day, the plaintiff demanded that the defendant repay the loan in full. This demand is contained in an email from the plaintiff to the defendant dated 25 July 2017, and annexed to the affidavit of the plaintiff filed in support of this application, sworn on 28 October 2020.

[4]        The defendant has accepted liability for the loan in various WhatsApp messages between the plaintiff and defendant, and in a letter from the defendant to the BNZ dated 24 August 2018 in which he admits:

I am writing to acknowledge that I received a personal loan from Neil C & Wendy J Mossop of USD 300,000 by way of three deposits in July 2016.

I also wish to advise that I intend to repay this loan during the next few weeks from my bank account SCB by way of several USD 50,000 or USD 100,000 payments.

[5]The defendant has not repaid the loan.

[6]        The defendant has been served with the proceedings in Pakistan, including the interlocutory application for summary judgment and notice of hearing, as confirmed in an affidavit of service by Ahsan Nazir sworn on 8 February 2021, and a supplementary affidavit of service sworn on 15 February 2021.

[7]        The defendant has not filed a statement of defence or notice of opposition to the summary judgment application, and has not entered an appearance.

[8]        I am satisfied that the defendant has no defence to the cause of action in the statement of claim dated 2 November 2020, and therefore enter judgment against the defendant.

Result

[9]I make the following orders:

(a)judgment  is  entered  against  the   defendant   in   the   sum   of   NZD $467,617.86, comprised of the principal amount of $419,979 and interest of $47,638.86, calculated in accordance with s 12 of the Interest on  Money  Claims  Act   2016   from   the   date   of   demand   on   25 July 2017 to the date of judgment; and

(b)the defendant must pay the plaintiff’s costs on a 2B basis, and disbursements, to be fixed by the Registrar.

Associate Judge Gardiner