Tea Custodians (Interstar) Ltd v Hunter HC Tauranga CIV-2010-470-1155

[2011] NZHC 857

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CIV-2010-470-1155

BETWEEN  TEA CUSTODIANS (INTERSTAR) LTD Plaintiff

ANDMAURICE JOHN HUNTER Defendant

Hearing:         4 March 2011

Appearances: Mr N Smith for Plaintiff

Mr Hunter in person

Judgment:      4 March 2011

ORAL JUDGMENT OF ASSOCIATE JUDGE DOOGUE

Solicitors:

Mr N Smith, Tauranga

Mr M J Hunter, 239 Soldiers Road, RD1, Tauranga

TEA CUSTODIANS (INTERSTAR) LTD V  HUNTER HC TAU CIV-2010-470-1155 4 March 2011

[1]      The   parties   have   been   in   discussion   and   have   signed   a   “consent memorandum” which Mr Hunter has signed and in terms of which he consents to orders in terms of paragraphs 1, 2 and 3 of the claim for relief in the statement of claim.   Mr Hunter also consents to an order that the plaintiff have costs in the proceeding on the basis of scale 2B.  I make orders accordingly.

[2]      I note that while the terms of the judgment that Mr Hunter has consented to require that the defendant forthwith “vacate and deliver up possession” of the property, there is no present intention on the part of the plaintiff to execute that part of the judgment.  Mr Smith however says the plaintiff has told Mr Hunter that the question of whether and when it executes the judgment for possession is a matter

entirely within its discretion.

J.P. Doogue

Associate Judge