St Laurence Lending Limited v Coventry Limited HC Napier CIV-2007-441-151
[2007] NZHC 1706
•29 March 2007
IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY
CIV-2007-441-151
BETWEEN ST LAURENCE LENDING LIMITED Plaintiff
ANDCOVENTRY LIMITED First Defendant
ANDROBIN DALE MORTENSEN Second Defendant
ANDPAUL FRANCIS O'LEARY Third Defendant
Hearing: 29 March 2007
Appearances: G. Thornton for Plaintiff
No appearance for First and Second Defendants
M. Wenley for Third Defendant
Judgment: 29 March 2007
ORAL DECISION OF ASSOCIATE JUDGE D.I. GENDALL
[1] This is an application for summary judgment by the plaintiff against each of the defendants.
[2] The first defendant Coventry Limited and the second defendant Robin Dale Mortensen have provided advice to the Court that they consent to an order for summary judgment being entered against them with respect to this proceeding.
[3] That said, summary judgment is now granted to the plaintiff against the first defendant Coventry Limited, and against the second defendant Robin Dale
Mortensen as follows:
ST LAURENCE LENDING LIMITED V COVENTRY LIMITED AND ORS HC NAP CIV-2007-441-151 29
March 2007
a) Judgment for the sum of $272,931.00 in accordance with the plaintiff’s Statement of Claim.
b)Interest at the default interest rate of 21% per annum since the date of the demand, being 26 August 2006, up to today 29 March 2007, at the daily interest rate of $157.02, totalling $33,759.30.
c) Costs are awarded to the plaintiff against the first defendant and the second defendant calculated on a category 2B basis, together with disbursements as approved by the Registrar.
[4] An order is made abridging time for service of the proceedings upon the second defendant Robin Dale Mortensen. This abridgement is consented to by the second defendant.
[5] So far as the plaintiff’s proceeding against the third defendant Paul Francis O’Leary is concerned, by consent of both parties this matter is adjourned to a call in the List at 10.00am on 10 May 2007.
‘Associate Judge D.I. Gendall’
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