B T BUSST v K M STEAD and V J MACKAY [2014] NZHC 112

B T BUSST v K M STEAD and V J MACKAY [2014] NZHC 112

Defendants executed a settlement agreement in their personal capacities, failed to make the required payment, and no arguable defence or real issue to be tried was established; therefore summary judgment was appropriate for liability and quantum.

Citation
[2014] NZHC 112
Parties
Plaintiff: Barrie Thomas Busst; Defendant; Executrix and Trustee in the Estate of Evelyn Ann Busst: Kim Maree Stead; Defendant; Executrix and Trustee in the Estate of Evelyn Ann Busst: Valerie Jane Mackay
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 February 2014
Procedural Posture
Civil (property Law Act; Settlement Agreement) / Summary Judgment Application
Outcome
Summary judgment granted for the plaintiff against the defendants as to liability and quantum, jointly and severally.
Legal Topics
Summary Judgment, Enforcement of Settlement Agreement, Personal Liability of Executors, Joinder and Third Party Issues
Civil Procedure Contract Probate and Administration Equity Summary Judgment Enforcement of Settlement Agreement Personal Liability of Executors Joinder and Third Party Issues

Case Brief

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Parties

Barrie Thomas Busst

Plaintiff

Kim Maree Stead

Defendant; Executrix and Trustee in the Estate of Evelyn Ann Busst

Valerie Jane Mackay

Defendant; Executrix and Trustee in the Estate of Evelyn Ann Busst

Procedural Posture

Civil (property Law Act; Settlement Agreement) / Summary Judgment Application

Legal Issues

  1. 1 Whether defendants are personally liable under the settlement agreement
  2. 2 Whether there is a real issue to be tried that would preclude summary judgment
  3. 3 Whether the defendants' late notice of opposition and joinder application raises an arguable defence

Ratio Decidendi

Defendants executed a settlement agreement in their personal capacities, failed to make the required payment, and no arguable defence or real issue to be tried was established; therefore summary judgment was appropriate for liability and quantum.

Court Disposition

Summary judgment granted for the plaintiff against the defendants as to liability and quantum, jointly and severally.

Orders

  • Judgment for the plaintiff against the defendants in the total amount of $386,270.71
  • Principal settlement sum: $360,000.00