Nissan Financial Services New Zealand Pty Limited v Constable

[2021] NZHC 285

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2020-412-75

[2021] NZHC 285

BETWEEN

NISSAN FINANCIAL SERVICES NEW ZEALAND PTY LIMITED
Plaintiff

AND

GRANT DAVID CONSTABLE

First Defendant

AND

JENNY MARIE CONSTABLE

Second Defendant

Hearing:

25 February 2021

Appearances:

C T Jolliffe for Plaintiff

No appearance for First and Second Defendant

Judgment:

25 February 2021

JUDGMENT OF ASSOCIATE JUDGE LESTER

This judgment was delivered by me on 25 February 2021 at 4.30pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar 25 February 2021

NISSAN FINANCIAL SERVICES NEW ZEALAND PTY LIMITED v CONSTABLE [2021] NZHC 285

[25 February 2021]

[1]                 In this proceeding, the plaintiff seeks judgment against  the defendants  on     a written guarantee they both signed.

[2]                 Although I have recorded above that there was no appearance for the first and second defendants, the defendants had instructed solicitors. While those solicitors have not taken formal steps, they filed a memorandum advising the Court that the defendants will not be filing documents to oppose the claim.

[3]                 Having reviewed the documents, I am satisfied that the guarantee sued on covers the sums claimed in the statement of claim.

[4]                 The material filed  confirms  the  first  and  second  defendants  do  not have a defence to the plaintiff’s claim. The advice from the defendants’ counsel that they will not be filing documents to oppose that claim is consistent with the view I have reached.

[5]                 I am satisfied the plaintiff is  entitled  to  summary  judgment  in  terms  of the Memorandum of Quantum dated 24 February 2021 in the sum of $720,426.35. The plaintiff is also entitled to costs on an indemnity basis as provided for in the relevant documents in the sum of $18,460.65, as per the affidavit of costs and disbursements dated 24 February 2021. Judgment in favour of the plaintiff is entered in those sums accordingly.

Associate Judge Lester

Solicitors:

Anthony Harper, Christchurch Cavell Leitch, Christchurch