DE ALWIS AND ORS V CHEAN HC AK CIV 2007-404-005357

DE ALWIS AND ORS V CHEAN HC AK CIV 2007-404-005357

The court held that the additional affidavits and memorandum provided sufficient evidence to apportion the previously determined liability of $573,195.49 among the named plaintiffs, and therefore summary judgment was entered for each plaintiff in the specified amounts; costs were reserved.

Citation
openlaw-e6176052_cd33_4bf6_96da_9c1fe7bdcd46.pdf
Parties
First Plaintiff: Herald Victor De Alwis; Second Plaintiffs: Margaret Elizabeth De Alwis; Second Plaintiffs: Herald Victor De Alwis; Third Plaintiff: John Wah Kum; Fourth Plaintiff: Connie Fay Ling Kum; Fifth Plaintiff: Marsha Adrienne Tai Ping Tan; Sixth Plaintiff: Peter Wee; Seventh Plaintiff: Paul Seng Poh Khor; Defendant: Ai Nee Chean
Court
High Court
Jurisdiction
New Zealand
Judgment Date
15 October 2008
Procedural Posture
Civil (summary Judgment) / Supplementary Judgment (entry of Judgment and Apportionment)
Outcome
Summary judgment entered for specified plaintiffs in apportioned amounts totaling $573,195.49; costs reserved.
Legal Topics
Summary Judgment, Apportionment of Judgment, Entry of Judgment, Costs
Equity Civil Procedure Contract/damages Summary Judgment Apportionment of Judgment Entry of Judgment Costs

Case Brief

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Parties

Herald Victor De Alwis

First Plaintiff

Margaret Elizabeth De Alwis

Second Plaintiffs

Herald Victor De Alwis

Second Plaintiffs

John Wah Kum

Third Plaintiff

Connie Fay Ling Kum

Fourth Plaintiff

Marsha Adrienne Tai Ping Tan

Fifth Plaintiff

Peter Wee

Sixth Plaintiff

Paul Seng Poh Khor

Seventh Plaintiff

Ai Nee Chean

Defendant

Procedural Posture

Civil (summary Judgment) / Supplementary Judgment (entry of Judgment and Apportionment)

Legal Issues

  1. 1 Whether sufficient evidence existed to apportion the previously quantified liability of $573,195.49 among the plaintiffs
  2. 2 Whether summary judgment could be entered in favour of individual plaintiffs for specified sums
  3. 3 Allocation of costs

Ratio Decidendi

The court held that the additional affidavits and memorandum provided sufficient evidence to apportion the previously determined liability of $573,195.49 among the named plaintiffs, and therefore summary judgment was entered for each plaintiff in the specified amounts; costs were reserved.

Court Disposition

Summary judgment entered for specified plaintiffs in apportioned amounts totaling $573,195.49; costs reserved.

Orders

  • Judgment entered for Second plaintiffs in the sum of $168,586.91 against the defendant
  • Judgment entered for Fifth plaintiff in the sum of $56,195.63 against the defendant