Westpac New Zealand Limited v Toyota

[2015] NZHC 2020

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2015-404-001353 [2015] NZHC 2020

BETWEEN

WESTPAC NEW ZEALAND LIMITED

Plaintiff

AND

ANNA SUKOI TOYOTA AND KATSU TOYOTA

Defendants

Hearing:	25 August 2015
Appearances:	D M A Wiseman for Plaintiff No appearance on behalf of Defendant
Judgment:	26 August 2015

JUDGMENT OF WYLIE J

This judgment is delivered by Justice Wylie on 26 August 2015 at 10.30am

pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Date: …………………………

Solicitors:

Simpson Grierson, Auckland for Plaintiff

Copy to Defendants

WESTPAC NZ LTD v TOYOTA [2015] NZHC 2020 [26 August 2015]

[1]      The  plaintiff,  Westpac  New  Zealand  Limited  seeks  summary  judgment against the defendants, Mr and Mrs Toyota, on a guarantee given in favour of the bank by the defendants.

[2]      The relevant documents were served on the defendants on 25 June 2015. They have taken no steps and there was no appearance either by or for them when the matter was called this morning.

[3]      The plaintiff wishes to proceed.

[4]      It is appropriate in the circumstances to award summary judgment in favour of the plaintiff.

[5]      I make an order granting summary judgment to the plaintiff as follows:

A.       For a cause of action against the defendants

(a)      Amount claim as set out in the statement

of claim  $321,993.48

(b)Interest on the sum of $315,133.28 at the           $13,676.20 rate of 17.15 per cent per annum and compounding

monthly, from 27 May 2015 until 25
August 2015

(c)      Interest on the sum of $3,884.73 at the rate             $114.87 of 11.74 per cent per annum and compounding

monthly from 27 May 2015 until 25 August
2015

Subtotal  $335,784.55

Interest is to accrue on the judgment debt in accordance with the Judicature Act 1908

B.       Costs

The costs (on a category 2B basis) of and incidental to this proceeding, being:

(a)       Item 1: Commencement of proceedings                $5,970.00 (3 days at $1,990 per day)

(b)	Item 22: Preparing and filing summary judgment application (0.6 days at $1,990 per day)	$1,194.00
(c)	Items 12: Appearing at mention (0.2 days at $2,230 per day)	$446.00
(d)	Item 29:  Sealing judgment (0.2 days at $2,230 per day)	$446.00
Subtotal	$8,056.00
C.	Disbursements
(e)	Filing statement of claim and interlocutory application for summary judgment	$1,350.00
(f)	Sealing fee	$50.00
(g)	Service fee for service of summary judgment proceedings	$161.00
Subtotal	$1,561.00
Total	$345,401.55

Wylie J