Owens v Coleman

[2016] NZHC 3080

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2016-404-138 [2016] NZHC 3080

UNDER

the Companies Act 1993

IN THE MATTER

of the liquidation of Hagfish NZ Ltd (In
Liquidation)

BETWEEN

COLIN DAVID OWENS AND DAVID STUART VANCE AS LIQUIDATORS OF HAGFISH NZ LTD (IN LIQUIDATION) Plaintiffs

AND

PETER COLEMAN First Defendant

PETER COLEMAN and TRUST MANAGEMENT SERVICES LTD as trustees of The Hunua Holdings Trust Second Defendants

Hearing:	(On the papers)
Counsel:	J Sumner for Plaintiffs
Judgment:	15 December 2016

JUDGMENT (NO.2) OF BREWER J

Solicitors:           Ford Sumner (Wellington) for Plaintiffs

OWENS AND VANCE v COLEMAN [2016] NZHC 3080 [15 December 2016]

Introduction

[1]      The plaintiffs, as liquidators of Hagfish NZ Ltd, seek judgment by default on the claim set out in their amended statement of claim dated 12 July 2016.

[2]      A formal proof hearing was convened on 8 September 2016.  I adjourned it part-heard for the reasons set out in my Judgment delivered on 4 November 2016.1

[3]      In my Judgment, I determined a number of the causes of action and gave directions as to the determination of the remaining causes of action.

[4]      I  have  now  received  a  memorandum  of  counsel  for  the  plaintiffs  dated

11 November 2016.  In it, counsel advises that the plaintiffs will take no further steps and request me to deliver a final Judgment in accordance with the findings made in my earlier Judgment.

[5]      I do not need to repeat orders made in my Judgment of 4 November 2016. However, it will be convenient to have all of the orders recorded in one place.

[6]      The following are my findings as made in my Judgment of 4 November

2016:

(a)       On the first cause of action, a finding for the plaintiffs in the sum of

$51,886.59.

(b)On the second and third causes of action, a finding for the plaintiffs in the sum of $86,575.

(c)       On the sixth cause of action, a finding for the plaintiffs in the sum of

$243,555.75

[7]      I make the following additional orders:

1      Owens & Vance v Coleman [2016] NZHC 2644.

(a)      I award interest to the plaintiffs of $14,443.08 being interest at the Judicature Act 1908 rate of 5 per cent per annum from the date of filing the statement of claim to the date of judgment (2 February 2016

– 4 November 2016) being $52.33 per day for 276 days.

(b)I award the plaintiffs solicitors costs on a 2B basis of $28,432.50 (in accordance with Schedule A to the memorandum of counsel dated

11 November 2016).

(c)      I award disbursements to the plaintiffs of $607 (in accordance with the said Schedule A and the receipts provided).

[8]      The plaintiffs may seal the certificate of judgment in the form filed with the memorandum of counsel.

[9]      The  remaining  causes  of  action  in  the  amended  statement  of  claim  are deemed abandoned and are dismissed accordingly.   This proceeding is now at an

end.

Brewer J