Safeway Scaffolding (NZ) Limited v Davis

[2014] NZHC 2783

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2014-404-2534 [2014] NZHC 2783

BETWEEN

SAFEWAY SCAFFOLDING (NZ)

LIMITED Plaintiff

AND

NOELENE FAYE DAVIS Defendant

Hearing:	On the papers
Appearances:	R Hawk for plaintiff No appearance for defendant (no steps taken)
Judgment:	10 November 2014

JUDGMENT OF LANG J [by formal proof]

This judgment was delivered by me on 10 November 2014 at 4 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date……………

SAFEWAY SCAFFOLDING (NZ) LTD v DAVIS [2014] NZHC 2783 [10 November 2014]

[1]      This proceeding was served on the defendant on 1 October 2014, but to date she has taken no steps to defend the plaintiff ’s claim.  The time for filing a defence expired on 5 November 2014.  The plaintiff now asks the Court to deal with its claim by way of formal proof.

[2]      Formal proof evidence has been filed in the form of an affidavit by Mr Frederick Mansell dated 6 November 2014.  Mr Mansell outlines the circumstances giving rise to the claim.  Having read his affidavit, I am satisfied that the defendant has misappropriated not less than $805,184.24 from the plaintiff.   She did so by converting cheques she received on the plaintiff’s behalf to her own use.

[3]      The plaintiff accepts that the amount for which judgment is to be entered should  be reduced  by the sum  of $1,225.78,  being the credit  balance  currently standing in the social club account formerly operated by the defendant.  I therefore enter  judgment  in  favour  of  the  plaintiff  against  the  defendant  in  the  sum  of

$803,963.61 together with costs on a Category 2B basis and disbursements as fixed

by the Registrar.

Lang J

Solicitors:

Jackson Russell, Auckland