MITCHELL V HAMPSTEAD ALSO KNOWN AS HAMPSTEAD-BELL HC AK CIV 2007-404-1487
Because service was proven, the defendant took no steps and no defence existed, the court entered summary judgment for the plaintiff and accepted the plaintiff's calculations of principal and interest, awarding costs on a 2B basis with disbursements to be fixed by the Registrar.
Source-derived case information.
- Citation
- openlaw-7985043f_9cbf_4a21_804e_51afa3a70c6f.pdf
- Parties
- Applicant: Anthony James Mitchell; Respondent: Tracey Hampstead also known as Tracey Hampstead-Bell and Tracey Hampstead-Smith
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 10 May 2007
- Procedural Posture
- Civil Debt Claim (summary Judgment) / Summary Judgment Hearing and Judgment
- Outcome
- Judgment entered for plaintiff following summary judgment
- Legal Topics
- Summary Judgment, Default Judgment, Interest Calculation, Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony James Mitchell
Applicant
Tracey Hampstead also known as Tracey Hampstead-Bell and Tracey Hampstead-Smith
Respondent
Procedural Posture
Civil Debt Claim (summary Judgment) / Summary Judgment Hearing and Judgment
Legal Issues
- 1 Whether the plaintiff established liability to justify summary judgment
- 2 Whether the defendant had any defence or took steps after service
- 3 Whether the plaintiff's calculation of quantum (principal and interest) was correct
Ratio Decidendi
Because service was proven, the defendant took no steps and no defence existed, the court entered summary judgment for the plaintiff and accepted the plaintiff's calculations of principal and interest, awarding costs on a 2B basis with disbursements to be fixed by the Registrar.
Court Disposition
Judgment entered for plaintiff following summary judgment
Orders
- Judgment for plaintiff in the sum of $213,000
- Interest of $16,531.00 to date of judgment (10 May 2007)
Full Case Text
Judgment text and source record
1 paragraphs
MITCHELL V HAMPSTEAD ALSO KNOWN AS HAMPSTEAD-BELL HC AK CIV 2007-404-1487 10 May 2007IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CIV 2007-404-1487BETWEEN ANTHONY JAMES MITCHELL Applicants AND TRACEY HAMPSTEAD ALSO KNOWN AS TRACEY HAMPSTEAD-BELL AND TRACEY HAMPSTEAD-SMITH Respondent Hearing: 10 May 2007 Appearances: Mr Hollyman for plaintiff No appearance for defendant Judgment: 10 May 2007ORAL JUDGMENT OF ASSOCIATE JUDGE J P DOOGUECounsel: R J Hollyman, P O Box 220, Auckland Copy: T Hampstead, 49D The Parade, St Heliers, Auckland[1] An affidavit of service has been filed establishing that the summary judgment proceedings were served on the defendant 28 March 2007. No steps have been taken by the defendant. I have read the affidavit in support of application for summary judgment and I agree that the plaintiff has established liability. The defendant does not have any defence to the claim that the plaintiff has made. [2] I have also been provided with a schedule showing how the amount of quantum is calculated. I agree with Mr Hollyman's calculations so far as principal and interest down to the date of judgment – 10 May 2007. [3] The plaintiff will have judgment in the sum of $213,000 together with interest of $16,531.00. [4] I grant costs to the plaintiff on a 2B basis together with disbursements to be fixed by the Registrar. _____________ J.P. Doogue Associate Judge