Westpac New Zealand Limited v David Theunissen Limited

[2012] NZHC 3317

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CIV-2012-470-785 [2012] NZHC 3317

BETWEEN  WESTPAC NEW ZEALAND LIMITED Plaintiff

ANDDAVID THEUNISSEN LIMITED First Defendant

ANDDAVID PAUL THEUNISSEN Second Defendant

Hearing:         6 December 2012

Appearances: Ms Gellert for Plaintiff

No appearance for Defendants

Judgment:      6 December 2012

ORAL JUDGMENT OF ASSOCIATE JUDGE DOOGUE

Counsel:

Simpson Grierson, Private Bag 92518, Wellesley Street, Auckland - [email protected]

Mr D Theunissen

WESTPAC NEW ZEALAND LIMITED V DAVID THEUNISSEN LIMITED HC & ANOR TAU CIV-2012-

470-785 [6 December 2012]

[1]      No steps have been taken and the Court being satisfied that the defendants

have no defence to the plaintiff’s claim I enter judgment as follows:

a)        Against the first defendant in the sum of $142,140.68 which includes interest at the contract rate calculated down to 6 December 2012;

b)        Judgment against the second named second defendant in the sum of

$284,251.80 which includes contract interest calculated down to 6

December 2012;

c)        Judgment  against  the  first  and  second  defendant  in  the  sum  of

$426,392.48 which includes interest calculated at the contract rate down to 6 December 2012.

d)As well the defendants are to pay costs on a 2B basis of $1,194 and disbursements of $48.30.

J.P. Doogue

Associate Judge