Westpac New Zealand Limited v Hyslop

[2015] NZHC 1751

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2015-404-000900 [2015] NZHC 1751

BETWEEN

WESTPAC NEW ZEALAND LIMITED

Plaintiff

AND

JAMES ALEXANDER HYSLOP Defendant

Hearing:	28 July 2015
Appearances:	J A Harrop for Plaintiff J A Hyslop in person
Judgment:	29 July 2015

JUDGMENT OF WYLIE J

This judgment was delivered by Justice Wylie on 29 July 2015 at 12.30pm

pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Date:…………………………………

Solicitors:

Minter Ellison Rudd Watts, Auckland for Plaintiff

Copy to J A Hyslop

WESTPAC NEW ZEALAND LIMITED v HYSLOP [2015] NZHC 1751 [29 July 2015]

[1]      The plaintiff bank has sought summary judgment against the defendant, Mr Hyslop, pursuant to a Choices Home Loan agreement.  The proceedings have been served.  There are affidavits of service on the Court file and Mr Hyslop appeared in Court this morning.

[2]      Mr Hyslop has not filed a notice of opposition. There are emails from him on the Court file which I have read.  I cannot see that they raise a defence.

[3]      Indeed Mr Hyslop does not contest that he owes the bank the moneys which were advanced pursuant to the home loan agreement.  Rather, he is concerned at the circumstances he now finds himself in and he considers the bank has contributed to those circumstances.

[4]      Justice  Faire  gave  Mr  Hyslop  the  opportunity  to  try  and  negotiate  a settlement with the bank.  Unfortunately, the parties have been unable to conclude settlement.

[5]      Insofar  as  I can  ascertain  from  the  papers,  the  relevant  rules  have  been complied with.

[6]      I enter judgment against Mr Hyslop in the sum of $208,183.89 made up as follows:

(a)       The sum claimed in the statement of claim - $193,861.45;

(b)      Interest on the sum of $57,571.82 from 5 March 2015 until 30 June

2015 at the interest rate of 11.75 per cent per annum under the 000

Loan Agreement - 145 days at $18.53 per day - $2,686.85;

(c)       Interest on the sum of $136,289.63 from 5 March 2015 until 30 June

2015 at the interest rate of 11.59 per cent per annum under the 91

Loan Agreement - 145 days at $43.28 per day - $6,275.60;

(d)The costs of and incidental to the application on a solicitor and client basis in accordance with clause 2.2 of the Mortgage Memorandum -

$3,621.99;

(e)       Hearing costs for appearances on 30 June 2015 and 21 July 2015 on a

2B basis and anticipated costs and disbursements on a 2B basis in accordance with schedules 2 and 3 of the High Court Rules as set out in Schedule A - $1,738.00.

[7]      The bank also sought a declaration that it is entitled to contract interest from the date of judgment until the date of payment.  I decline that application.  The right to contract interest merges in the judgment.  The judgment will attract interest at the

appropriate rate set out in s 87 of the Judicature Act 1908.

Wylie J