Windward v Li

[2021] NZHC 3085

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2021-404-001151

[2021] NZHC 3085

BETWEEN

WINDWARD PROPERTIES LIMITED

Plaintiff

AND

JIESONG LI

Defendant

Hearing:

16 November 2021

Appearances:

K F Gould for Plaintiff

No appearance for Defendant

Judgment:

16 November 2021

ORAL JUDGMENT OF VENNING J

Solicitors:           Brookfields Lawyers, Auckland Counsel:       K F Gould, Auckland

WINDWARD PROPERTIES LTD v LI [2021] NZHC 3085 [16 November 2021]

[1]                  The plaintiff seeks summary judgment against the defendant. It is based on default under an agreement to lease relating to a business operated by the defendant. Proceedings were served on the defendant some time ago. The proceedings have been adjourned from time to time because initially an issue was raised to whether the defendant was in fact bankrupt. A person with a name similar to that of the defendant was apparently adjudicated bankrupt, however, the information from the plaintiff is that the plaintiff understands the bankrupt is in their sixties, whereas the plaintiff’s view communicated through counsel is that the defendant was in her thirties or forties.

[2]                  The matter has not been resolved entirely, however, in the circumstances and on the basis of the information before the Court at present I am satisfied that there is no arguable defence to the plaintiff’s claim and I propose to enter summary judgment accordingly.

[3]                  As Mr Gould has noted, the affidavit of service has not yet been sworn. The judgment can lie in Court pending a sworn affidavit of service.

[4]There will be judgment for the plaintiff against the defendant in the sum of

$141,872.20 on the first cause of action. On the second cause of action judgment in the sum of $28,370.28, together with costs and disbursements on a 2B basis as fixed by the Registrar.

Venning J