Sounds Shipwright Services Limited v The Ship "Grace"

[2020] NZHC 156

IN THE HIGH COURT OF NEW ZEALAND IN ADMIRALTY

BLENHEIM REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WAIHARAKEKE ROHE

CIV-2019-406-29

[2020] NZHC 156

BETWEEN

SOUNDS SHIPWRIGHT SERVICES LIMITED
Plaintiff

AND

THE SHIP “GRACE”

Defendant

Hearing:	On the papers
Counsel:	M Hardy-Jones and K M Lawson for the Plaintiff
Judgment:	13 February 2020

JUDGMENT OF COOKE J

[1]                By application dated 20 December 2019 the applicant applies for judgment by default on an action in rem pursuant to r 25.32 of the High Court Rules 2016.

[2]                I application is supported by an affidavit of Lloyd Alun Edward Price the owner and director of the applicant dated 20 December 2019 confirming the allegations set out in the statement of claim. In a separate affidavit from him of the same date he confirms that a sealed copy of the notice of proceeding in rem, and a sealed copy of the statement of claim were served on the defendant ship.

[3]                For these reasons I am satisfied that the requirements of r 25.32 are met and that judgment by default for the amount sought in paragraph [19(a) and (b)] of the statement of claim should be granted.

SOUNDS SHIPWRIGHT SERVICES LIMITED v THE SHIP “GRACE” [2020] NZHC 156 [13 February 2020]

[4]                The question of the quantification of the costs and disbursements sought in paragraphs [19(c) and (d)] is reserved, as at present the precise claim for those costs has not been specified.

Cooke J

Solicitors:
Hardy-Jones Clark, Blenheim