CORPORATE JET SERVICES LIMITED V RUSSELL STEWART WARD AND ORS HC AK CIV-2006-404-357

CORPORATE JET SERVICES LIMITED V RUSSELL STEWART WARD AND ORS HC AK CIV-2006-404-357

Court granted leave for the second defendants to bring a late summary judgment application but dismissed the substantive defendant's summary judgment because factual disputes and evidence supported a possible cause of action against the trustees; the counterclaims against DTI Limited, Dennis Alan Thompson and Robert Victor Browne were struck out as disclosing no tenable cause of action and improperly joined; security for costs was ordered against the first defendant in favour of the fifth counterclaim defendant and jointly the sixth/seventh counterclaim defendants in the sums ordered, with stay consequences if not provided; costs awarded to successful applicants on a category 2B basis.

Citation
openlaw-7be1ce41_e683_4749_af11_eb748458fe06.pdf
Parties
Plaintiff: Corporate Jet Services Limited; First Defendant: Russell Stewart Ward; Second Defendants: Edward Francis Doherty; Paul Morley Dodd; Russell Stewart Ward; Susan Mary Ward (trustees of the R & S Ward Family Trust); Third Defendant: Papakura District Council; Fourth Defendant: John Dale; Second Counterclaim Defendant: Dennis Thompson International Limited; Third Counterclaim Defendant: Dennis Alan Thompson; Fourth Counterclaim Defendant: Robert Victor Browne; Fifth Counterclaim Defendant: Kevin Mitchell; Sixth Counterclaim Defendant: Rudsits Transport Limited; Seventh Counterclaim Defendant: Profloors Limited; Eighth Counterclaim Defendant: Geotek Services Limited; Ninth Counterclaim Defendant: Brian Middleton; Tenth Counterclaim Defendant: Reese Humphries
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 May 2007
Procedural Posture
Building Contract Dispute (civil) / Interlocutory Applications (summary Judgment, Strike Out, Security for Costs)
Outcome
Composite: leave to second defendants to bring summary judgment granted; substantive summary judgment dismissed; counterclaims against DTI Limited, Dennis Alan Thompson and Robert Victor Browne struck out; security for costs ordered against first defendant in favour of fifth and sixth/seventh counterclaim...
Legal Topics
Summary Judgment, Strike Out, Security for Costs, Adjudication (construction Contracts Act), Agency and Authority, Lifting the Corporate Veil, Impecuniosity
Contract Law Construction Law Trust Law Companies Law Civil Procedure Summary Judgment Strike Out Security for Costs +4 more

Case Brief

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Parties

Corporate Jet Services Limited

Plaintiff

Russell Stewart Ward

First Defendant

Edward Francis Doherty; Paul Morley Dodd; Russell Stewart Ward; Susan Mary Ward (trustees of the R & S Ward Family Trust)

Second Defendants

Papakura District Council

Third Defendant

John Dale

Fourth Defendant

Dennis Thompson International Limited

Second Counterclaim Defendant

Dennis Alan Thompson

Third Counterclaim Defendant

Robert Victor Browne

Fourth Counterclaim Defendant

Kevin Mitchell

Fifth Counterclaim Defendant

Rudsits Transport Limited

Sixth Counterclaim Defendant

Profloors Limited

Seventh Counterclaim Defendant

Geotek Services Limited

Eighth Counterclaim Defendant

Brian Middleton

Ninth Counterclaim Defendant

Reese Humphries

Tenth Counterclaim Defendant

Procedural Posture

Building Contract Dispute (civil) / Interlocutory Applications (summary Judgment, Strike Out, Security for Costs)

Legal Issues

  1. 1 Whether leave should be granted for a late defendant's summary judgment application under r138 High Court Rules
  2. 2 Whether defendant's summary judgment under r136(2) should be entered against the plaintiff
  3. 3 Whether the first defendant's counterclaims disclose any tenable cause of action against DTI Limited, Mr Thompson and Mr Browne (r186)

Ratio Decidendi

Court granted leave for the second defendants to bring a late summary judgment application but dismissed the substantive defendant's summary judgment because factual disputes and evidence supported a possible cause of action against the trustees; the counterclaims against DTI Limited, Dennis Alan Thompson and Robert Victor Browne were struck out as disclosing no tenable cause of action and improperly joined; security for costs was ordered against the first defendant in favour of the fifth counterclaim defendant and jointly the sixth/seventh counterclaim defendants in the sums ordered, with stay consequences if not provided; costs awarded to successful applicants on a category 2B basis.

Court Disposition

Composite: leave to second defendants to bring summary judgment granted; substantive summary judgment dismissed; counterclaims against DTI Limited, Dennis Alan Thompson and Robert Victor Browne struck out; security for costs ordered against first defendant in favour of fifth and sixth/seventh counterclaim...

Orders

  • Leave granted to second defendants to bring a summary judgment application
  • Second defendants' substantive application for defendant's summary judgment dismissed