Westpac New Zealand Limited v Chen

[2021] NZHC 2063

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2021-404-000811

[2021] NZHC 2063

BETWEEN

WESTPAC NEW ZEALAND LIMITED

Plaintiff

AND

JIAYUAN (GEORGIA) CHEN

First Defendant

MATTHEW WILLUM MCKENZIE

Second Defendant

Hearing:

10 August 2021

Appearances:

E Johnson for Plaintiffs

No appearance for or by Defendants

Judgment:

10 August 2021

ORAL JUDGMENT OF WYLIE J

Solicitors/counsel:

MinterEllisonRuddWatts, Auckland

WESTPAC NEW ZEALAND LTD v CHEN [2021] NZHC 2063 [10 August 2021]

[1]                  The plaintiff, Westpac New Zealand Ltd, is seeking summary judgment against Jiayuan Chen and Matthew McKenzie.

[2]                  Ms Johnson has appeared this morning on behalf of Westpac. She has confirmed that settlement has been reached with Mr McKenzie. A deed recording the settlement is in the process of being signed and Ms Johnson has requested an adjournment of one week to enable that to occur.

[3]Ms Johnson however seeks summary judgment against Ms Chen.

[4]                  I have read the various papers. They comply with all relevant High Court rules. Westpac sought and obtained leave to serve Ms Chen by way of substituted service. There is an affidavit of service on the file.

[5]                  Ms Johnson seeks judgment against Ms Chen in the sum of $365,849.80. This acknowledges that Mr McKenzie has paid $30,000 towards the judgment sum initially sought. Those monies were received by Westpac on 3 August 2021. They were applied to reduce the interest then accrued on the loan and also on account of costs then incurred. The balance of $10,620.08 was applied to reduce the judgment sum. The outstanding balance of $363,362.26 remains unpaid. In addition, the plaintiff seeks interest at the contract rate in the sum of $726.67 from 4 August 2021 to today’s date. It also seeks costs on an indemnity basis for legal work undertaken subsequent to 3 August 2021 pursuant to the deed of guarantee and indemnity entered into between the plaintiff and defendants.

[6]                  I am satisfied that it is appropriate to make an order granting judgment in favour of Westpac and against Ms Chen in the sum of $365,849.80 and I so order.

Wylie J