BODY CORPORATE 185960 AND ORS V NORTH SHORE CITY COUNCIL AND ORS HC AK CIV-2006-404-003535

BODY CORPORATE 185960 AND ORS V NORTH SHORE CITY COUNCIL AND ORS HC AK CIV-2006-404-003535

The court exercised its discretion and, being satisfied it was appropriate, entered judgment by consent against the first defendant in favour of the plaintiffs for $160,000 despite that sum being less than the settlement amount.

Citation
openlaw-b50da250_3700_4c28_bd4d_d54a295af98b.pdf
Parties
First Plaintiff: Body Corporate 185960; Second Plaintiffs: K J Gaitely and others; First Defendant: North Shore City Council; Second Defendant: R J Drew; Third Defendant: B Gailer; First Third Party: Celestar Property Developments Limited; Second Third Party: G L Norrish; Third Third Party: S Campbell; Fourth Third Party: I Driver; Fifth Third Party: Hibiscus Roofing Company Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 October 2008
Procedural Posture
Civil Trial With Settlement / Consent Judgment Entered After Settlement at Trial
Outcome
Judgment entered against the first defendant in favour of the plaintiffs for $160,000.
Legal Topics
Consent Judgment, Entry of Judgment, Settlement Enforcement
Civil Procedure Settlement Judgment Consent Judgment Entry of Judgment Settlement Enforcement

Case Brief

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Parties

Body Corporate 185960

First Plaintiff

K J Gaitely and others

Second Plaintiffs

North Shore City Council

First Defendant

R J Drew

Second Defendant

B Gailer

Third Defendant

Celestar Property Developments Limited

First Third Party

G L Norrish

Second Third Party

S Campbell

Third Third Party

I Driver

Fourth Third Party

Hibiscus Roofing Company Limited

Fifth Third Party

Procedural Posture

Civil Trial With Settlement / Consent Judgment Entered After Settlement at Trial

Legal Issues

  1. 1 Whether the court should enter judgment by consent for the first defendant in the sum of $160,000 despite that sum being less than the amount of the settlement
  2. 2 Whether it was appropriate to give effect to the parties' settlement by entering judgment on the requested terms

Ratio Decidendi

The court exercised its discretion and, being satisfied it was appropriate, entered judgment by consent against the first defendant in favour of the plaintiffs for $160,000 despite that sum being less than the settlement amount.

Court Disposition

Judgment entered against the first defendant in favour of the plaintiffs for $160,000.

Orders

  • Judgment is entered against the first defendant (North Shore City Council) in favour of the plaintiffs in the sum of $160,000.