Secure Funding Limited v McDonald
[2021] NZHC 2235
•27 August 2021
IN THE HIGH COURT OF NEW ZEALAND BLENHEIM REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WAIHARAKEKE ROHE
CIV-2021-406-22
[2021] NZHC 2235
UNDER the Property Law Act 2007 BETWEEN
SECURE FUNDING LIMITED
Plaintiff
AND
LEAH MARCIA MCDONALD
First Defendant
JERRY TOKO
Second Defendant
Hearing: 27 August 2021 Appearances:
W Hofer and C Frost for plaintiff
No appearance by or for first and second defendants
Judgment:
27 August 2021
ORAL JUDGMENT OF ASSOCIATE JUDGE JOHNSTON
[1] This is a summary judgment application by the plaintiff against the first and second defendants. The proceeding is based on a loan secured over a property in or near Blenheim. The matter was called in the Associate Judge’s Blenheim list at
10.00 am today.
[2] I am satisfied that the plaintiff can prove service of the originating documentation in the proceeding. Neither defendant has entered an appearance in the form of a defence or otherwise. Accordingly, the plaintiff is entitled to summary judgment by default.
SECURE FUNDING LIMITED v MCDONALD [2021] NZHC 2235 [27 August 2021]
[3] Having heard from Mr Hofer and Ms Frost, I therefore enter judgment in the terms moved.
[4] Against the first defendant, McDonald, the plaintiff will have judgment for possession.
[5]Against the second defendant, Toko, the plaintiff will have judgment for:
(a)A principal sum of $309,076.48 made up of the principal debt of
$298,660.19 calculated as at 25 May 2021 together with interest at the contractual rate of 13.4 per cent per annum from that date down to the date of judgment being $10,416.29;
(b)Post judgment interest on that sum at the contractual rate of
13.4 per cent down to the date of payment;
(c)Solicitor and client costs as per the contract in the sum of $9,944.63, together with disbursements of $2,982.89 making a total sum of costs and disbursements of $12,927.52.
Associate Judge Johnston
Solicitors:
Tompkins Wake, Hamilton for plaintiff
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