BANK OF NEW ZEALAND v JOHNSON [2014] NZHC 3041
The court entered summary judgment because service by email was effective under the defendant's prior agreement, the defendant did not oppose and the plaintiff proved the debt and associated interest and costs in accordance with the loan documentation.
Source-derived case information.
- Citation
- [2014] NZHC 3041
- Parties
- Plaintiff: Bank of New Zealand; Defendant: Ian Harold Johnson
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 2 December 2014
- Procedural Posture
- Debt Recovery Summary Judgment Application / Hearing and Judgment (oral) 2 December 2014
- Outcome
- Judgment entered for the plaintiff against the defendant in the total sum of $670,872.08; costs and disbursements awarded to the plaintiff.
- Legal Topics
- Summary Judgment, Service by Email, Interest, Costs Solicitor and Client
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bank of New Zealand
Plaintiff
Ian Harold Johnson
Defendant
Procedural Posture
Debt Recovery Summary Judgment Application / Hearing and Judgment (oral) 2 December 2014
Legal Issues
- 1 Whether summary judgment should be entered for the plaintiff
- 2 Whether service by email was valid under the parties' agreement
- 3 Whether the claimed sums and interest have been properly calculated
Ratio Decidendi
The court entered summary judgment because service by email was effective under the defendant's prior agreement, the defendant did not oppose and the plaintiff proved the debt and associated interest and costs in accordance with the loan documentation.
Court Disposition
Judgment entered for the plaintiff against the defendant in the total sum of $670,872.08; costs and disbursements awarded to the plaintiff.
Orders
- Judgment entered in favour of Bank of New Zealand against Ian Harold Johnson in the sum of $670,872.08.
- Costs awarded to the plaintiff in the sum of $4,208 (solicitor/client) and disbursements $1,292.17.
Full Case Text
Judgment text and source record
1 paragraphs
BANK OF NEW ZEALAND v JOHNSON [2014] NZHC 3041 [2 December 2014]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYCIV 2014-404-002380[2014] NZHC 3041BETWEEN BANK OF NEW ZEALANDPlaintiffAND IAN HAROLD JOHNSONDefendantHearing: 2 December 2014Appearances: A Milosavljevic for the PlaintiffNo Appearance by or for the DefendantJudgment: 2 December 2014[ORAL] JUDGMENT OF WYLIE J[1] Ms Milosavljevic appeared for the Bank of New Zealand. There was no appearance by or for the defendant, Mr Johnson.[2] The bank, in its statement of claim, seeks summary judgment against Mr Johnson in the sum of $643,872.12. In addition, it seeks interest on the sum of $78,999.55 at the rate of 23.2 percent from 19 July 2014 to the date of judgment. It seeks interest on the sum of $564,872.57 at the rate of 9.49 percent from 19 July 2014 to the date of judgment. It also seeks costs on a solicitor/client basis under the terms of the loan documentation entered into between it and Mr Johnson.[3] As at today's date, interest on the sum of $78.919.55 amounts to $6,878.77,and interest on the sum of $564,872.57 amounts to $20,121.19. The solicitor/client costs sought are in the sum of $4,208, together with disbursements in the sum of $1,292.17. Copies of the invoices showing how the fees are made up have been made available to the Court. There is also a schedule of disbursements.[4] I am satisfied that the proceedings were served on Mr Johnson. The documents were served on him by email, after he entered into a written agreement with the bank confirming that any documents required to be served on him could be served at his email address. I am also told by Ms Milosavljevic, appearing for the bank, that both she and the bank have been in discussions with Mr Johnson and that there has been no suggestion that service has not been properly attended to.[5] No steps have been taken by Mr Johnson. The time for filing any notice of opposition has long since passed.[6] I am satisfied that it is appropriate to enter judgment in the terms sought bythe bank. The total amount of the debt outstanding as at today's date is $670,872.08and I enter judgment in that sum. In addition, I award costs in favour of the bank against Mr Johnson in the sum of $4,208, together with disbursements in the sum of $1,292.17._________________________Wylie J