Pepper New Zealand (Custodians) Limited v Maele

[2017] NZHC 2268

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2017-404-2064 [2017] NZHC 2268

BETWEEN

PEPPER NEW ZEALAND

(CUSTODIANS) LIMITED Applicant

AND

NAOMI AMANDA MAELE Respondent

Hearing:	On the papers
Counsel:	G M Sandelin and J J K Spring for Applicant
Judgment:	19 September 2017

JUDGMENT OF WHATA J

This judgment was delivered by me on 19 September 2017 at 3.00 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date: ………………………….

Solicitors:           Minter Ellison Rudd Watts, Auckland

PEPPER NEW ZEALAND (CUSTODIANS) LIMITED v MAELE [2017] NZHC 2268 [19 September 2017]

[1]      The applicant entered into a loan agreement with the respondent, Ms Maele. The loan was secured by a mortgage over a property in Flaxmere.   The applicant claims Ms Maele has defaulted on that loan agreement.  The applicant now wishes to exercise its power as mortgagee to sell the Flaxmere property. This requires, among other things, it to serve a notice on Ms Maele outlining the default, available remedy,

and consequence if the default is not remedied (the PLA notice).1

[2]      Three affidavits are attached to the application, evidencing the applicant has tried  to  effect  personal  service  on  the  respondent  at  her  Flaxmere  address  (the property  subject  to  the  mortgage)  and  at  an  address  in Australia.   Attempts  at contacting Ms Maele by email address and phone have also proven fruitless.   A further Australian contact number was obtained but that has also proved ineffective.

[3]      The applicant, therefore, is seeking that personal service be dispensed with and service on the respondent effected by:

(a)      emailing a copy of the PLA notice, together with a copy of the sealed order for substituted service to the respondent’s email address, [email protected]; and

(b)delivering a copy of the PLA notice, together with a copy of the sealed order for substituted service, to the last known address of the respondent,  being  8  Lara  Court,  Hallam,  Victoria,  Australia  and leaving it with an occupant at the property.  If no one is present at the property, the documents should be affixed to the front door.

Assessment

[4]      I am prepared to grant the application, subject to an additional requirement, namely that a copy of the PLA notice also be left, together with a copy of the sealed order for substituted service, at the Flaxmere property. Service of the PLA notice on the respondent will be deemed to have been effected upon completion of all steps.

[5]      Costs on this application are reserved.

1      Pursuant to Property Law Act 2007, ss 119 and 120.

[6]      There shall be orders accordingly.