ADVANCED SECURITIES LIMITED V S F P LIMITED AND ORS HC AK CIV 2007-404-6487

ADVANCED SECURITIES LIMITED V S F P LIMITED AND ORS HC AK CIV 2007-404-6487

Service of the summary judgment application was proved and the defendants did not oppose; accordingly the Court entered judgment for the plaintiff as sought and ordered recovery of possession of the land, subject to a limited stay of execution of 20 working days following service of the sealed judgment on the first defendant.

Citation
openlaw-3e5f4160_e9cb_4fe6_8764_10b1616a4045.pdf
Parties
Plaintiff: Advanced Securities Limited; First Defendant: S F P Limited; Second Defendant: Jacqueline Tracey Campbell; Third Defendants: Jacqueline Tracey Campbell and Neil Grant Campbell as trustees of the Campbell Family Trust
Court
High Court
Jurisdiction
New Zealand
Judgment Date
6 December 2007
Procedural Posture
Civil (summary Judgment) / Summary Judgment Hearing and Judgment
Outcome
Judgment entered for plaintiff against all defendants; possession ordered subject to a 20 working day stay on execution.
Legal Topics
Summary Judgment, Possession Order, Service of Process, Stay of Execution
Civil Procedure Property Enforcement Summary Judgment Possession Order Service of Process Stay of Execution

Case Brief

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Parties

Advanced Securities Limited

Plaintiff

S F P Limited

First Defendant

Jacqueline Tracey Campbell

Second Defendant

Jacqueline Tracey Campbell and Neil Grant Campbell as trustees of the Campbell Family Trust

Third Defendants

Procedural Posture

Civil (summary Judgment) / Summary Judgment Hearing and Judgment

Legal Issues

  1. 1 Whether service of the application for summary judgment was proved
  2. 2 Whether judgment should be entered where defendants took no steps to oppose
  3. 3 Whether plaintiff is entitled to possession of land in the statement of claim

Ratio Decidendi

Service of the summary judgment application was proved and the defendants did not oppose; accordingly the Court entered judgment for the plaintiff as sought and ordered recovery of possession of the land, subject to a limited stay of execution of 20 working days following service of the sealed judgment on the first defendant.

Court Disposition

Judgment entered for plaintiff against all defendants; possession ordered subject to a 20 working day stay on execution.

Orders

  • Judgment against all defendants in terms of paragraphs 1, 2, 3 and 4 of counsel's memorandum dated 6 December 2007.
  • Order that the plaintiff recover possession of the land defined in paragraph six of the statement of claim.