BANK OF NEW ZEALAND V KHAN & ORS HC AK CIV-2012-404-1099

BANK OF NEW ZEALAND V KHAN & ORS HC AK CIV-2012-404-1099

The court found the parties had agreed to service by email under r 6.7, and on the evidence entered judgment for the plaintiff against the first and second defendants for $2,900,023.27 plus interest of $73,402.00 and against the third defendants (trustees) for $2,245,452.43 plus interest of $53,873; costs and...

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Citation
openlaw-c6214c3c_9d99_4f44_b403_76908c2422ac.pdf
Parties
Plaintiff: Bank of New Zealand; First Defendant: Mohammed Hashim Khan; Second Defendant: Mukhtar Jahan Khan; Third Defendant: Mohammed Hashim Khan and Mukhtar Jahan Khan as Trustees of the Hashim Khan Family Trust
Court
High Court
Jurisdiction
New Zealand
Judgment Date
3 May 2012
Procedural Posture
Civil (debt) / Judgment (oral)
Outcome
Judgment entered for plaintiff against defendants as set out in the orders below.
Legal Topics
Service by Email, Judgment for Debt, Interest, Costs and Disbursements, Liability of Trustees
Banking Debt Recovery Civil Procedure Trusts Service by Email Judgment for Debt Interest Costs and Disbursements +1 more

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Parties

Bank of New Zealand

Plaintiff

Mohammed Hashim Khan

First Defendant

Mukhtar Jahan Khan

Second Defendant

Mohammed Hashim Khan and Mukhtar Jahan Khan as Trustees of the Hashim Khan Family Trust

Third Defendant

Procedural Posture

Civil (debt) / Judgment (oral)

Legal Issues

  1. 1 Whether there was an agreement to serve by email under r 6.7
  2. 2 Whether plaintiff was entitled to judgment for the claimed sums and interest
  3. 3 Whether the third defendants (trustees) were liable for the trust debt

Ratio Decidendi

The court found the parties had agreed to service by email under r 6.7, and on the evidence entered judgment for the plaintiff against the first and second defendants for $2,900,023.27 plus interest of $73,402.00 and against the third defendants (trustees) for $2,245,452.43 plus interest of $53,873; costs and disbursements were awarded.

Court Disposition

Judgment entered for plaintiff against defendants as set out in the orders below.

Orders

  • Service by email validated pursuant to High Court Rules r 6.7.
  • Judgment against the first and second defendants in the sum of $2,900,023.27 together with interest down to today's date in the sum of $73,402.00.