UNITED BRICK & BLOCK LTD (IN LIQUIDATION) v CUSACK AND STUART [2016] NZHC 3139

UNITED BRICK & BLOCK LTD (IN LIQUIDATION) v CUSACK AND STUART [2016] NZHC 3139

Plaintiffs proved the overdrawn account on the balance of probabilities and defendants failed to advance any tenable defence or raise a real question to be tried; the defendants' filings were irrelevant and of no probative value, therefore summary judgment is appropriate and is entered for plaintiffs for the claimed sum with interest and costs.

Citation
[2016] NZHC 3139
Parties
First Plaintiff: United Brick & Block Limited (In Liquidation); Second Plaintiff (liquidator): Andrew Hawkes; Second Plaintiff (liquidator): Vivian Fatupaito; Defendant: Craig Ronald Cusack; Defendant: Deborah Mary Stuart (also known as Debra Mary Stuart)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
19 December 2016
Procedural Posture
Company Liquidation / Debt Recovery (summary Judgment Application) / Summary Judgment Hearing
Outcome
Summary judgment for plaintiffs against each defendant
Legal Topics
Liquidation, Summary Judgment, Overdrawn Current Account, Costs
Company Law Insolvency Civil Procedure Liquidation Summary Judgment Overdrawn Current Account Costs

Case Brief

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Parties

United Brick & Block Limited (In Liquidation)

First Plaintiff

Andrew Hawkes

Second Plaintiff (liquidator)

Vivian Fatupaito

Second Plaintiff (liquidator)

Craig Ronald Cusack

Defendant

Deborah Mary Stuart (also known as Debra Mary Stuart)

Defendant

Procedural Posture

Company Liquidation / Debt Recovery (summary Judgment Application) / Summary Judgment Hearing

Legal Issues

  1. 1 Whether the defendants have a tenable defence to the claim for overdrawn current accounts
  2. 2 Whether summary judgment under High Court Rules r 12.2 is appropriate
  3. 3 Whether the defendants' filings (Cestui Que Vie / all caps name / affidavit of life) have any probative effect

Ratio Decidendi

Plaintiffs proved the overdrawn account on the balance of probabilities and defendants failed to advance any tenable defence or raise a real question to be tried; the defendants' filings were irrelevant and of no probative value, therefore summary judgment is appropriate and is entered for plaintiffs for the claimed sum with interest and costs.

Court Disposition

Summary judgment for plaintiffs against each defendant

Orders

  • Judgment for plaintiffs against each defendant in the sum of $239,465
  • Interest at 5 per cent per annum from 28 September 2016 to 15 December 2016