Welsford v Woodford

[2023] NZHC 2937

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE

CIV-2023-412-53

[2023] NZHC 2937

BETWEEN

BLAIR EDWARD WELSFORD and GHP

TRUSTEES 2022 LIMITED, as trustees of the Blair Welsford Family Trust

Plaintiff

AND

KERRY JAMES WOODFORD

Defendant

Hearing:

19 October 2023

Appearances:

K L Rusher for Plaintiff

No appearance for defendant

Judgment:

19 October 2023

JUDGMENT OF ASSOCIATE JUDGE LESTER

WELSFORD v WOODFORD [2023] NZHC 2937 [19 October 2023]

[1]                   There being no appearance for the defendant and with his liability to pay the monthly  instalments  upon  which  this  proceeding  is  based,  being  clear  from     a settlement agreement, there is judgment against the defendant as follows:

(a)Judgment for  $33,333.28  for  the  16  month  period  commencing  28 June 2022.

(b)Interest from the date each monthly payment became due and owing pursuant to s 9 of the Interest on Money Claims Act 2016 and thereafter until payment is made and calculated as being the amount of $938.26 through until 19 October 2023.

(c)Costs on a 2B basis as per the schedule attached $11,591.50.

(d)Disbursements as per the schedule attached $3,702.50.

[2]                   The proceeding, so far as it concerns further and as yet unaccrued instalments, is adjourned to 21 March 2024 with leave to the plaintiff to bring the proceeding on earlier if needed.

[3]                   Before this judgment is sealed, counsel are to have produced the invoice for the service fee disbursement referred to in the Schedule to the 11 October 2023 memorandum.

Associate Judge Lester

Solicitors:
AWS Legal, Invercargill

SCHEDULE 1

Costs on a 2B basis

Item 1	Commencement of proceeding by plaintiff	3 days
Item 22	Filing interlocutory application for summary judgment	0.6 days
Item 22	Filing interlocutory application for substituted service	0.6 days
Item 29	Sealing order for substituted service	0.2 days
Item 34	Appearance to obtain summary judgment	0.25 days
Item 29	Sealing judgment	0.2 days
Total	4.85 days
TOTAL	4.85 days x $2,390.00 per day	$11,591.50
Disbursements
Filing fee (summary judgment application/statement of claim			$1,850.00
Filing fee interlocutory application for substituted service			$200.00
Service fee			$1,552.50
Sealing fee on order for substituted service			$50.00
Sealing fee on judgment			$50.00
TOTAL			$3,702.50