Purchase v Krasniqi

[2018] NZHC 8

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2014-404-001033

[2018] NZHC 8

IN THE MATTER OF

an application for Summary Judgment

BETWEEN

JUDITH RICHMOND PURCHASE, MILES CARTER PURCHASE and

TIMOTHY FRANCIS RYAN as Trustees of the JUDITH RICHMOND TRUST

Plaintiffs

AND

ETHNIK KRASNIQI

Defendant

Hearing:	[On the Papers]
Counsel:	J Moss and N J Smith for the Plaintiffs
Judgment:	19 January 2018

JUDGMENT OF EDWARDS J

This judgment was delivered by Justice Edwards on 19 January 2018 at 10.00 am, pursuant to

r 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

Counsel:     J Moss, Christchurch

Solicitors:    Ngaire Smith Lawyer, Christchurch

PURCHASE v KRASNIQI [2018] NZHC 8 [19 January 2018]

[1]        The plaintiffs seek judgment against the defendant on an admission of judgment and in default.

[2]        The proceedings were commenced as a summary judgment application. However, by consent, that application was withdrawn as the parties had reached a settlement agreement whereby the defendant would make payments towards the outstanding debt due. As part of that settlement agreement, the defendant signed an “admission of judgment” for the sum of $346,863.15, together with solicitor-client costs and interest as at the date of judgment.

[3]        The defendant made some payments in accordance with that settlement agreement but defaulted on other payments due and owing. As at 13 September 2017, the outstanding debt owed was $285,223.59.

[4]        The defendant has not taken any steps in the proceeding. An order for substituted service was made on 18 June 2014 and service in accordance with those orders was made. The admission of judgment was filed after service of the proceeding. In addition, on 20 November 2017, counsel for the plaintiffs emailed a copy of the documents to the defendant and indicated that his instructions were to seek default judgment and, after judgment was entered to commence bankruptcy proceedings. Counsel for the plaintiffs received a response from the defendant acknowledging that email and suggesting that he would be in contact shortly.

[5]        There has been no other communication from the defendant, and he has not taken any steps in the proceeding. In the circumstances, I enter judgment in favour of the plaintiffs against the defendant for the sum of $285,223.59, plus solicitor-client costs of $5,492.88.

Edwards J