Westpac New Zealand Limited v Petry

[2014] NZHC 852

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2014-404-000140 [2014] NZHC 852

UNDER  Part 12 of the High Court Rules

IN THE MATTER OF       an application for summary judgment

BETWEEN  WESTPAC NEW ZEALAND LIMITED Plaintiff

ANDWARREN DESMOND PETRY First Defendant

PUI SUN LUCIA NUALA LOY Second Defendant

Hearing:                   29 April 2014

Appearances:           B K Johnston for Plaintiff

No appearance for Defendants

Judgment:                29 April 2014

JUDGMENT OF VENNING J

This judgment was delivered by me on 29 April 2014 at 3.30 pm, pursuant to Rule 11.5 of the High

Court Rules.

Registrar/Deputy Registrar

Date……………

Solicitors:           Simpson Grierson, Auckland

Copy to:            Defendants

WESTPAC NZ LTD v PETRY [2014] NZHC 852 [29 April 2014]

[1]      The plaintiff seeks summary judgment against the defendants.   When the application was before the Court on 25 March 2014 the first defendant appeared in person.   He indicated that he and the second defendant had been endeavouring to reach a settlement with the plaintiff.  On that basis Lang J adjourned the application for summary judgment.   The defendant was advised that if matters had not been resolved it was likely the Court would proceed to enter judgment.

[2]      Ms Johnston appears for the Bank this morning.  There is no appearance for the first or second defendant.  Ms Johnston advised that the Bank has not received any proposal from the defendants.

[3]      On the basis  of the information  before the Court  there is  no  reasonable

arguable defence to the plaintiff’s claim.

[4]      There will be judgment for the plaintiff against the defendants jointly and severally  in  the  sum  of  $282,843.40  (which  includes  interest  to  the  date  of judgment),  together  with  costs  on  a  2B  basis  of  $8,358  and  disbursements  of

$1,756.50.

Venning J