IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2018-404-085
[2018] NZHC 3386
BETWEEN TREVOR JAMES MURRAY
Appellant
AND
UDC FINANCE LIMITED
Respondent
Hearing: 5 July 2018 Appearances:
Appellant in person
J M Embling for Respondent
Judgment:
18 December 2018
JUDGMENT OF PAUL DAVISON J
This judgment was delivered by me on 18 December 2018 at 1:00 pm Pursuant to r 11.5 of the High Court Rules
Registrar/Deputy Registrar
Solicitors:
Minter Ellison Rudd Watts, Auckland
MURRAY v UDC FINANCE LIMITED [2018] NZHC 3386 [18 December 2018]
Introduction
[1] On 28 November 2017, Judge Harrison entered summary judgment in favour of UDC Finance Ltd against Mr Trevor Murray in the sum of $55,657.46.1 The Judge found that Mr Murray had not raised a credible defence or counterclaim to the application for summary judgment.
[2] Mr Murray, who is self-represented, now appeals against Judge Harrison’s decision.
Background
[3] Mr Murray was the sole director and shareholder of Enlightenz NZ Limited (Enlightenz), a company now in receivership and liquidation. The plaintiff, UDC Finance Limited (UDC), brought proceedings against Mr Murray on 10 March 2017. It applied for summary judgment on the same date.
[4] In its statement of claim UDC says that it advanced funds to Enlightenz in 2012 and 2013 under six written credit sale agreements.2 Those agreements funded the purchase by Enlightenz of six vehicles: a 2009 BMW 730D Sedan, a 2012 Volkswagen Passat Alltrack, a 2012 Volkswagen Passat Variant, a 2013 Volkswagen Passat Variant, a 2013 Volkswagen Passat TDI, and a 2013 forklift. Among other terms, UDC says that the agreements required Enlightenz to make monthly repayments, and entitled UDC to repossess and sell the goods on the provision of 10 working days’ notice if Enlightenz did not perform its contractual obligations; became insolvent; entered receivership; or went into liquidation. UDC says that Mr Murray provided a guarantee of all amounts payable by the company under the agreements.
[5] UDC further says that in early 2016, Enlightenz defaulted under the agreements by failing to make the monthly payments then due. Enlightenz was placed in liquidation in April 2016. UDC says that it sent Mr Murray notices of its intention to sell the six vehicles, and it then sold the vehicles through Turners Auctions between
1 UDC Finance Ltd v Murray [2017] NZDC 26323.
2 Three of the agreements were dated 21 December 2012, while the remaining three were dated 12 March 2013, 9 April 2013, and 3 September 2013.
June and November 2016. It says it retained Turners to provide professional advice as to the best marketing and method of sale in respect of each vehicle. Turners provided estimated auction values for each vehicle, and valuations were also provided by Mike Goeffic, an asset sales specialist contracted to UDC. UDC says all the vehicles were sold at or above the valuations provided by Turners and Mr Goeffic.
[6] The net proceeds of sale were applied to the amounts outstanding by Enlightenz…
Continue reading Murray v UDC Finance Ltd
Sign in free to access the full text
- AGLC
- Murray v UDC Finance Ltd [2018] NZHC 3386
- Case
- [2018] NZHC 3386
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.