Su v Deng

[2015] NZHC 625

IN THE HIGH COURTOF NEW ZEALAND AUCKLAND REGISTRY

CIV-2015-404-000288 [2015] NZHC 625

BETWEEN

LEI SU

Plaintiff

AND

JIAXI DENG Defendant

Hearing:	31 March 2015
Appearances:	D Mitchell for Plaintiff N P Tetzlaff for Respondent
Judgment:	31 March 2015

ORAL JUDGMENT OF VENNING J

Solicitors:           Douglas Mitchell, Auckland

Gaze Burt, Auckland

SU v DENG [2015] NZHC 625 [31 March 2015]

[1]      This is an application for summary judgment.  The plaintiff seeks judgment in the sum of $220,000 made up of a total principal sum of $160,000 advanced to the defendant by cumulative amounts on a number of occasions, together with interest of

$60,000.

[2]      When  the  matter  was  called  this  morning  Mr  Tetzlaff  presented  an appearance for the defendant.  He seeks to file a notice of opposition and affidavit in opposition out of time.  The notice of opposition formally opposes entry of summary judgment but the grounds on which it is said the application is opposed are:

(a)       the interest sought as part of the principal claim is oppressive;

(b)interest is claimed on the settlement agreement which is itself partly interest;

(c)       the settlement agreement itself was entered into under duress.

[1]      The affidavit in support of the opposition notes that the defendant accepts she borrowed amounts of money from the plaintiff.  The total borrowing was $160,000. She then goes on to detail her defence in relation to the interest component of

$60,000.

[3]      Having reviewed the material and the papers before the Court I am satisfied there can be no reasonably arguable defence to the repayment of the principal sum of

$160,000.  Judgment is entered therefore for the plaintiff against the defendant in the sum of $160,000 with costs on a 2B basis together with disbursements as fixed by the Registrar.

[4]      Judgment is entered on that basis without prejudice to the plaintiff’s claim in relation to the interest due on that sum.   The plaintiff’s claim in relation to that interest is to be pursued on the following basis:

(a)       any affidavit in reply by the plaintiff to the defendant’s affidavit to be

filed and served by 21 April 2015;

(b)       the  matter  is  otherwise  returned  to  the  list  on  28  April  2015  at

9.00 am.  If necessary a fixture will be allocated from that date to deal with the issue of the interests.

Venning J