BODY CORPORATE 201036 v XIAN ZENG [2018] NZHC 2344

BODY CORPORATE 201036 v XIAN ZENG [2018] NZHC 2344

The plaintiff established entitlement to recover unpaid levies and the defendants disclosed no defence; therefore summary judgment was properly entered for the plaintiff in the specified amounts and costs were awarded jointly and severally against the defendants.

Citation
[2018] NZHC 2344
Parties
Plaintiff: Body Corporate 201036; First Defendant: Xian (aka Jacky) Zeng; Second Defendant: Fengchun Chen; Third Defendant: Yang Lawyers Trustee Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
6 September 2018
Procedural Posture
Summary Judgment / Judgment Following Summary Judgment Application
Outcome
Summary judgment entered for the plaintiff against the defendants as specified
Legal Topics
Summary Judgment, Levies, Costs, Joint and Several Liability
Unit Titles Law Property Law Civil Procedure Debt Recovery Summary Judgment Levies Costs Joint and Several Liability

Case Brief

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Parties

Body Corporate 201036

Plaintiff

Xian (aka Jacky) Zeng

First Defendant

Fengchun Chen

Second Defendant

Yang Lawyers Trustee Limited

Third Defendant

Procedural Posture

Summary Judgment / Judgment Following Summary Judgment Application

Legal Issues

  1. 1 Whether defendants have any defence to claim for unpaid levies
  2. 2 Whether summary judgment is appropriate
  3. 3 Appropriate costs and quantum to award

Ratio Decidendi

The plaintiff established entitlement to recover unpaid levies and the defendants disclosed no defence; therefore summary judgment was properly entered for the plaintiff in the specified amounts and costs were awarded jointly and severally against the defendants.

Court Disposition

Summary judgment entered for the plaintiff against the defendants as specified

Orders

  • Judgment against the first defendant (Xian (aka Jacky) Zeng) in the sum of $316,263.50 NZD.
  • Judgment against the second defendant (Fengchun Chen) in the sum of $115,727.64 NZD.