KRUKZIENER V HANOVER FINANCE LTD HC AK CIV-2007-404-002896

KRUKZIENER V HANOVER FINANCE LTD HC AK CIV-2007-404-002896

No final substantive ratio was delivered. The judge initially ordered post-judgment interest at the contractual rate but then recalled that order to allow reconsideration in light of authority not previously drawn to the court's attention.

Citation
openlaw-aeaa7e7a_3d28_4738_b3b3_9d129146e630.pdf
Parties
Judgment Debtor: Andrew Mark Krukziener; Judgment Creditor: Hanover Finance Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 February 2009
Procedural Posture
Civil (post Judgment Interest) / Hearing on Post Judgment Interest; Earlier Order Recalled Pending Reconsideration
Outcome
Earlier order awarding post-judgment interest at the contractual rate recalled; decision reserved for further consideration.
Legal Topics
Post Judgment Interest, Contractual Interest Rate, Recall of Judgment, High Court Rules R 11.5
Civil Procedure Enforcement Contract Law Remedies Post Judgment Interest Contractual Interest Rate Recall of Judgment High Court Rules R 11.5

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 1
Sign in to unlock

Parties

Andrew Mark Krukziener

Judgment Debtor

Hanover Finance Limited

Judgment Creditor

Procedural Posture

Civil (post Judgment Interest) / Hearing on Post Judgment Interest; Earlier Order Recalled Pending Reconsideration

Legal Issues

  1. 1 Whether post-judgment interest should be payable at the contractual rate
  2. 2 Whether the court should recall its earlier order and reconsider the point in light of authority not previously cited

Ratio Decidendi

No final substantive ratio was delivered. The judge initially ordered post-judgment interest at the contractual rate but then recalled that order to allow reconsideration in light of authority not previously drawn to the court's attention.

Court Disposition

Earlier order awarding post-judgment interest at the contractual rate recalled; decision reserved for further consideration.

Orders

  • Earlier order awarding post-judgment interest at the contractual rate is recalled.
  • Court will deliver a fresh decision on post-judgment interest within the next day or so.