Pepper New Zealand Limited v Chandler

[2012] NZHC 1348

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2012-404-2264 [2012] NZHC 1348

BETWEEN  PEPPER NEW ZEALAND LIMITED Plaintiff

ANDBRUCE M CHANDLER Defendant

Hearing:         14 June 2012

Appearances: Mr Pamatatau for Plaintiff

Mr Chandler in person

Judgment:      14 June 2012

ORAL JUDGMENT OF ASSOCIATE JUDGE DOOGUE

Counsel:

Gibson Sheat, Private Bag 31-905, Lower Hutt – [email protected]

(Counsel: Mr Pamatatau, Auckland – [email protected]) Mr B Chandler, 56 Duffy Road, Waitakere.

PEPPER NEW ZEALAND LIMITED V CHANDLER HC AK CIV-2012-404-2264 [14 June 2012]

[1]      There  was  an  error  in  the  statement  of  claim.    After  hearing  from  Mr Chandler and Mr Pamatatau I have granted leave for the plaintiff to amend the statement of claim at paragraph 11 so that the date that it leaves is 22 June 2011.

[2]      Mr Chandler addressed me on his wish to stay in the property. At this point a mortgagee sale has not been initiated.   I have attempted to explain to him that obtaining the order for vacant possession is a prelude to a mortgagee sale.   Mr Chandler  does  not  have  any  viable  opposition  to  the  application  for  vacant possession given that the point he raised in his notice of opposition about the wrong date  has  not  disappeared  as  ground  of  opposition.    It  probably  never  was  a substantial basis to oppose the application for vacant possession.  Mr Pamatatau has agreed on behalf of the plaintiff that any order for vacant possession should be on terms that Mr Chandler can remain in the property until 28 days after the sealed judgment granting vacant possession is served upon Mr Chandler.   That does not seem to me to be an unreasonable position for the plaintiff to take.  On that basis I approve the form of the order that is sought in the statement of claim with the change of the period when vacant possession is to be given from 14 days as stated in the statement of claim to 28 days.  I make an order for costs on a 1A basis and I also approve the disbursements sought in paragraph 4(c) of counsel for the plaintiff’s

memorandum of 14 June 2012.

J.P. Doogue

Associate Judge