S. H. Lock (NZ) Limited v Elliott

[2012] NZHC 245

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CIV-2011-470-834 [2012] NZHC 245

BETWEEN  S. H. LOCK (NZ) LIMITED Plaintiff

ANDBRETT ARTHUR ELLIOTT First Defendant

ANDMOIRA NADINE SUNTAU Second Defendant

ANDBRETT ARTHUR ELLIOTT AND MOIRA NADINE SUNTAU AND CLM TRUSTEES LIMITED, TRUSTEES OF THE ELLIOTT-DONOVAN FAMILY TRUST

Third Defendants

Hearing:         18 November 2011

Appearances: Mr P Cogswell for plaintiff

Judgment:      1 March 2012

JUDGMENT OF ASSOCIATE JUDGE DOOGUE [Judgment recalling and correcting summary judgment]

This judgment was delivered by me on

01.03.12 at 5 pm, pursuant to

Rule 11.5  of the High Court Rules.

Registrar/Deputy Registrar

Date……………

Solicitors:

Cogswell+Jaduram Lawyers, P O Box 6343, Auckland –  [email protected]

S. H. LOCK (NZ) LIMITED V ELLIOTT HC TAU CIV-2011-470-834 [1 March 2012]

[1]      On 18 November 2011 I entered summary judgment in this matter which included  interest  calculated  down  to  12  September  2011.    In  fact  interest  of

$282,804.29 should have been awarded for the period down to 14 September 2011, not 11 September 2011.

[2]      I therefore correct the judgment so that the interest of $282,804.29 is entered on the basis that it covers the period down to 14 September 2011.  In other respects the terms of the judgment that I entered are to stand.

[3]      I decline to make the order in paragraph (4) of the draft judgment.  It is not possible to enter a judgment for amounts that have yet to accrue.

J.P. Doogue

Associate Judge