Supatreats Asia Pte Limited v Xi

[2019] NZHC 3368

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2019-409-601

[2019] NZHC 3368

BETWEEN

SUPATREATS ASIA PTE LIMITED

First Plaintiff

SUPATREATS NZ LIMITED
Second Plaintiff

AND

CHANG XI

First Defendant

AND

CONE ENTERPRISES (NEW ZEALAND) LIMITED

Second Defendant

AND

SHAKE SHED & CO. NZ LIMITED

Third Defendant

AND

PARITA PHAMORNPIBUL

Fourth Defendant

AND

SHAKE SHED & CO. HOLDING LIMITED

Fifth Defendant

AND

ZHENYU ZHONG

Sixth Defendant

Hearing:	17 December 2019
Appearances:	B M Russell and I L Eaton for Plaintiffs No appearance for the Defendants
Judgment:	17 December 2019

JUDGMENT OF ASSOCIATE JUDGE LESTER

This judgment was delivered by me on 17 December 2019 at 4.00pm

pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar (Date: 17 December 2019)

SUPATREATS ASIA PTE LIMITED v CHANG XI [2019] NZHC 3368 [17 December 2019]

[1]    The first plaintiff, Supatreats Asia PTE Ltd (“SAPL”) seeks summary judgment against the first to sixth defendants arising out of a deed of settlement dated 15 August 2018 and a deed of guarantee and indemnity dated 15 August 2019 as varied by a deed of forbearance dated 29 January 2019.

[2]    The defendants have taken no steps and did not appear in person or by counsel when the application for summary judgment was called.

[3]    The obligations owed by the defendants under the documents relied on by SAPL are clear cut as is the quantum of the plaintiffs’ claim.

[4]    I am satisfied that the first plaintiff has discharged the onus on it of demonstrating that the defendants do not have a reasonably arguable defence to the first plaintiff’s claim. That is reinforced by the fact that the defendants have taken no steps.

[5]    Accordingly, there is judgment in favour of the first plaintiff against the first to sixth defendants jointly and severally in the sum of $5,504,145.00.

[6]    Interest is awarded  at the contractual rate of 18 per cent per annum from      2 September 2019 to 17 December 2019 on the sum of $5,500,000 being $287,506.84.

[7]    Interest is awarded on the sum of $5,500,000 or any outstanding portion thereof at the contractual rate of 18 per cent per annum from the date of judgment until the date of payment.

[8]    Costs are reserved. The first plaintiff’s documents give it the right to claim costs on a solicitor-client basis. The first plaintiff wishes to see if they can be agreed by the parties, otherwise it will ask that they be set by the Court.

Associate Judge Lester

Solicitors:

Burton Partners, Auckland