Nelson Building Society v Moore

[2020] NZHC 1006

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2020-409-122

[2020] NZHC 1006

BETWEEN

NELSON BUILDING SOCIETY

Plaintiff

AND

THOMAS JOHN MOORE

Defendant

Hearing:	14 May 2002
Appearances:	G C Engelbrecht for Plaintiff No appearance for Defendant
Judgment:	15 May 2020

JUDGMENT OF ASSOCIATE JUDGE LESTER

This judgment was delivered by me on 15 May 2020 at 12.30pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar 15 May 2020

NELSON BUILDING SOCIETY v MOORE [2020] NZHC 1006 [15 May 2020]

[1]    The plaintiff seeks summary judgment against the defendant in respect of amounts said to be due from the defendant pursuant to various guarantees he gave to the plaintiff. The amount for which judgment is sought is $578,491.16 being the amount due after the plaintiff had realised other securities it held.

[2]    While there is no formal affidavit of service on file, there is a service report provided but also significantly an email from the defendant which refers to the summary judgment proceedings in  which  he  states  that  he  has  no  defence  to  the guarantee claim against him.

[3]    The defendant records that after the entry of judgment he proposes to discuss the judgment with the plaintiff.

[4]    Having reviewed the affidavit in support and given the defendant’s acknowledgment that he has no defence, I find that the plaintiff is entitled to summary judgment.

[5]Accordingly, there is judgment entered for the plaintiff in the sum of

$578,491.16. In addition, there is interest from 22 January 2019 to 14 May 2020 pursuant the Interest on Money Claims Act 2016 in the sum of $24,173.82. Finally, there is an award of costs on a 2B basis to the plaintiff, to be fixed by the Registrar together with disbursements, also to be fixed by the Registrar.

Associate Judge Lester

Solicitors:
Glasgow Harley, Nelson

Copy to: Mr T J Moore (Defendant)