ANZ BANK NEW ZEALAND LIMITED v VINCENT CHARLES BLACKBURN [2016] NZHC 91
The plaintiff proved valid service and established that the defendant had no defence; therefore summary judgment was entered for the plaintiff awarding principal, statutory interest under s 87 Judicature Act 1908, and costs as assessed.
Source-derived case information.
- Citation
- [2016] NZHC 91
- Parties
- Plaintiff: ANZ BANK NEW ZEALAND LIMITED; Defendant: VINCENT CHARLES BLACKBURN
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 5 February 2016
- Procedural Posture
- Civil (summary Judgment) / Summary Judgment Hearing and Judgment
- Outcome
- Summary judgment entered for the plaintiff
- Legal Topics
- Summary Judgment, Service of Process, Interest Under Statute, Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
ANZ BANK NEW ZEALAND LIMITED
Plaintiff
VINCENT CHARLES BLACKBURN
Defendant
Procedural Posture
Civil (summary Judgment) / Summary Judgment Hearing and Judgment
Legal Issues
- 1 Whether the defendant has any defence to the plaintiff's claim
- 2 Whether service of proceedings was validly effected
- 3 Whether summary judgment is appropriate
Ratio Decidendi
The plaintiff proved valid service and established that the defendant had no defence; therefore summary judgment was entered for the plaintiff awarding principal, statutory interest under s 87 Judicature Act 1908, and costs as assessed.
Court Disposition
Summary judgment entered for the plaintiff
Orders
- Judgment for the plaintiff for the sum of $100,811.46
- Interest at the rate of 5 per cent per annum under s 87 of the Judicature Act 1908, calculated from 6 May 2014 to the date of judgment, in the sum of $8,009.79
Full Case Text
Judgment text and source record
1 paragraphs
ANZ BANK NEW ZEALAND LIMITED v VINCENT CHARLES BLACKBURN [2016] NZHC 91 [5 February 2016]IN THE HIGH COURT OF NEW ZEALANDWELLINGTON REGISTRYCIV-2015-485-556[2016] NZHC 91BETWEEN ANZ BANK NEW ZEALAND LIMITEDPlaintiffAND VINCENT CHARLES BLACKBURNDefendantHearing: 15 December 2015Counsel: S U Gunawardana for the PlaintiffNo appearance for the DefendantJudgment: 5 February 2016JUDGMENT OF ASSOCIATE JUDGE SMITH[1] The plaintiff's summary judgment application was heard on15 December 2015. No affidavit of service had been filed by the time of the hearing, but Ms Gunawardana did have a copy of an affidavit showing that service had been effected on 15 October 2015. In those circumstances I proceeded with the hearing on the basis that the original affidavit of service was to be filed promptly, and I would then give judgment on the papers.[2] The original affidavit of service is now to hand, and I am satisfied that the plaintiff has shown that Mr Blackburn has no defence to its claim, and that summary judgment should be entered.[3] Accordingly, I enter summary judgment for the plaintiff as follows:(a) The sum of $100,811.46; and(b) interest at the rate of 5 per cent per annum under s 87 of the Judicature Act 1908, calculated from 6 May 2014 to the date of this judgment, in the sum of $8,009.79; and(c) Costs in the sum of $6,882, plus disbursements as fixed by the registrar.Associate Judge SmithSolicitors:Gibson Sheat, Wellington for the plaintiffNo appearance for the defendant