URQUHART v LOOK [2015] NZHC 623
On the uncontested affidavit evidence and the defendant's failure to take any steps, there was no reasonably arguable defence to the claim; therefore summary judgment was entered for the plaintiff for possession and damages for lost rental of $3,960, with costs and disbursements awarded and leave reserved for...
Source-derived case information.
- Citation
- [2015] NZHC 623
- Parties
- Plaintiff: Bruce William Urquhart as Executor of the Estate of the late Richard John Sheehan; Defendant: Rowena Tracey Phoebe Mary Look
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 31 March 2015
- Procedural Posture
- Civil Possession and Damages; Summary Judgment Application / Summary Judgment Hearing; Application to Remove Notice of Claim Adjourned
- Outcome
- Judgment for the plaintiff: order for possession; damages for lost rental $3,960; costs $8,159 and disbursements $1,630; leave reserved for consequential orders; notice of claim removal adjourned to 21 April 2015
- Legal Topics
- Possession, Wrongful Possession, Damages for Loss of Rental, Notice of Claim Removal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bruce William Urquhart as Executor of the Estate of the late Richard John Sheehan
Plaintiff
Rowena Tracey Phoebe Mary Look
Defendant
Procedural Posture
Civil Possession and Damages; Summary Judgment Application / Summary Judgment Hearing; Application to Remove Notice of Claim Adjourned
Legal Issues
- 1 Whether the defendant has a reasonably arguable defence to the plaintiff's summary judgment claim for possession and damages
- 2 Whether the notice of claim should be removed
Ratio Decidendi
On the uncontested affidavit evidence and the defendant's failure to take any steps, there was no reasonably arguable defence to the claim; therefore summary judgment was entered for the plaintiff for possession and damages for lost rental of $3,960, with costs and disbursements awarded and leave reserved for consequential orders.
Court Disposition
Judgment for the plaintiff: order for possession; damages for lost rental $3,960; costs $8,159 and disbursements $1,630; leave reserved for consequential orders; notice of claim removal adjourned to 21 April 2015
Orders
- Order that the defendant deliver up possession of the property described in the statement of claim
- Leave reserved to seek any further consequential orders that may be necessary
Full Case Text
Judgment text and source record
1 paragraphs
URQUHART v LOOK [2015] NZHC 623 [31 March 2015]IN THE HIGH COURTOF NEW ZEALANDAUCKLAND REGISTRYCIV-2015-404-000641[2015] NZHC 623BETWEEN BRUCE WILLIAM URQUHART ASEXECUTOR OF THE ESTATE OF THELATE RICHARD JOHN SHEEHANPlaintiffAND ROWENA TRACEY PHOEBE MARYLOOKDefendantCIV-2015-404-000295AND BETWEEN BRUCE WILLIAM URQUHART ASEXECUTOR OF THE ESTATE OF THELATE RICHARD JOHNSHEEHANPlaintiffAND ROWENA TRACEY PHOEBE MARYLOOKDefendantHearing: 31 March 2015Appearances: N Taefi for PlaintiffNo appearance for DefendantJudgment: 31 March 2015ORAL JUDGMENT OF VENNING JSolicitors: Roger Gordon Donnell, AucklandCopy to: I F Williams/N Taefi, Auckland[1] There are two proceedings before the Court, one an application for summary judgment, the other an application that a notice of claim be removed. Both proceedings are brought by the executor of the estate of Mr Sheehan.[2] The application for summary judgment has been served. The application that the notice of claim be removed has not.[3] The defendant has taken no steps in response to the application for summary judgment.[4] I am satisfied on the basis of the affidavit evidence before the Court there is no reasonably arguable defence to the application for summary judgment for possession and damages calculated as rental for wrongful possession.[5] Accordingly, there will be judgment for the plaintiff as follows:(a) an order that the defendant deliver up possession of the property described in the statement of claim;(b) reserving leave to seek any further consequential orders that may be necessary;(c) an order for damages and related relief for lost rental from the date of issue of the proceedings to judgment in the sum of $3,960.[6] Costs to the plaintiff on a 2B basis of $8,159 together with disbursements of $1,630.[7] The application that the notice of claim be removed is adjourned for call in the list on 21 April 2015. In making the above orders the defendant has a right to pursue any related claim arising out of any relationship with the deceased in the Court in the usual way.__________________________ Venning J