Wensley Developments the Marina Limited v Lawlor HC Christchurch CIV 2009 425 542
[2011] NZHC 5
•31 January 2011
IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
CIV 2009 425 542
BETWEEN WENSLEY DEVELOPMENTS THE MARINA LIMITED
Plaintiff
ANDMICHAEL JAMES LAWLOR Defendant
ANDDUNCAN COTTERILL Counterclaim Defendant
Appearances: S N McKenzie for Plaintiff
N Till QC for Defendant
Judgment: 31 January 2011
JUDGMENT OF ASSOCIATE JUDGE OSBORNE As to recall of judgment
[1] By the judgment of this Court dated 23 September 2010, the following order was made at paragraph [110]:
a.The plaintiff shall pay to the defendant $141,187.00 together with interest on $141,187.00 at 7.5% per annum from 2 March
2009 to date of judgment at 8.4%.
[2] The statutory interest rate (which the Court may impose as a matter of discretion) had before the period in question risen from $7.5% per annum to $8.4 per cent annum. The words “at 7.5% per annum” were incorrectly included in the order. As it happens, the words “per annum” were inadvertently omitted after “8.4%”.
[3] Judgment has not been sealed.
WENSLEY DEVELOPMENTS THE MARINA LIMITED V MICHAEL JAMES LAWLOR AND ANOR HC CHCH CIV 2009 425 542 31 January 2011
[4] The Court is entitled on its own initiative to correct the error: see r 11.10
High Court Rules.
[5] By Minute dated 27 January 2011 I offered counsel the opportunity to comment on the error and on my intention to recall judgment and to correct the error. No submissions have been made.
[6] In these circumstances I order:
a. The judgment of this Court dated 23 September 2010 is recalled. b. Paragraph [110](a) is hereby deleted.
c. Paragraph [110](a) of the judgment shall now read:
The plaintiff shall pay to the defendant $141,187.00 together with interest on $141,187.00 at 8.4% per annum from 2 March
2009 to date of judgment.
[7] There is no order as to costs.
Associate Judge Osborne
Solicitors
Preston Russell Law, Invercargill
Albert Alloo & Sons, Dunedin
0
0
0