Westpac New Zealand Limited v Bendall

[2015] NZHC 1758

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2015-404-001005 [2015] NZHC 1758

BETWEEN

WESTPAC NEW ZEALAND LIMITED

Plaintiff

AND

MICHELLE ROBY BENDALL First Defendant

ANDREW SEARLE BENDALL Second Defendant

Hearing:	28 July 2015
Appearances:	D M A Wiseman for Plaintiff No appearance by or for the First or Second Defendants
Judgment:	29 July 2015

JUDGMENT OF WYLIE J

This judgment is delivered by Justice Wylie on 29 July 2015 at 12.00pm

Pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Date: ………………………………

Solicitors:

Simpson Grierson, Auckland for Plaintiff

Copy to First and Second Defendant

WESTPAC NEW ZEALAND LIMITED v BENDALL [2015] NZHC 1758 [29 July 2015]

[1]      The plaintiff bank  seeks summary judgment  against the first  and second defendants  pursuant  to  a  guarantee.    Liability  under  the  guarantee  is  joint  and several.

[2]      The proceedings were served on the first defendant on 8 June 2015 and on the second defendant on the same day.   The documents served advised that the matter was to be called in Court this morning.

[3]      An admission of claim has been signed by the first defendant.  No steps have been taken by the second defendant.

[4]      The plaintiff is seeking judgment for slightly different sums against each defendant.  The amount it seeks judgment for against the second defendant exceeds slightly the amount in respect of which it seeks judgment against the first defendant. The plaintiff agrees that it will not seek to pursue the first defendant for the difference.

[5]      Pursuant  to  the  admission  of  claim  I  enter  judgment  against  the  first defendant in the sum of $250,647.10 in respect of the guaranteed indebtedness, costs of  $7,562,  and  disbursements  of  $1,492  –  making  a  total  judgment  sum  of

$259,701.10.   I decline to award interest at the contract rate as from the date of judgment  until  the  date  of  payment.    Interest  merges  in  the  judgment  and  the judgment will attract interest at the rate set out in s 87 of the Judicature Act 1908 and r 11.27.

[6]      As against the second defendant, I enter judgment in the following amounts:

$250,647.10 in respect of the guaranteed debt, costs of $7,610 and disbursements of

$1,653.81, making a total judgment sum of $259,910.91.  Again, I decline to award interest at the contract rate, and record that interest is to merge in the judgment.

Wylie J