New South Investment Ltd v Bibigo Ltd

[2021] NZHC 2064

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2021-404-000476

[2021] NZHC 2064

BETWEEN

NEW SOUTH INVESTMENT LTD

Plaintiff

AND

BIBIGO LTD

First Defendant

TAEWON KIM

Second Defendant

Hearing:

10 August 2021

Appearances:

J A Wickes for Plaintiff

No appearance for or by Defendants

Judgment:

10 August 2021

ORAL JDUGMENT OF WYLIE J

Solicitors/counsel:

Loo & Koo, Auckland

NEW SOUTH INVESTMENT LTD v BIBIGO LTD [2021] NZHC 2064 [10 August 2021]

[1]                 The plaintiff, New South Investment Ltd, has sought summary judgment against the first defendant, Bibigo Ltd and the second defendant, Taewon Kim.

[2]                 The relevant rules appear to have been complied with and the documents have been served on the defendants. There is an affidavit of service on the file.

[3]                 Neither defendant has taken any steps and there was no appearance by them or on their behalf this morning.

[4]                 On 27 July 2021, Gault J issued a minute seeking clarification in regard to one issue. That clarification has now been provided.

[5]                 Ms Wickes, appearing for the plaintiff this morning, sought summary judgment in sum of $224,655.36. That sum comprises principle owed under the agreement for lease between the parties together with interest as detailed in the statement of claim up until 15 February 2021, and interest at 12 per cent until today’s date in accordance with the default interest rate provided for in the agreement. Judgment is also sought for costs calculated on a 2B basis.

[6]                 I am satisfied that it is appropriate to enter judgment in the amount sought and give judgment in favour of the plaintiff accordingly in the sum of $224,655.36.

Wylie J