DJ SAMPSON V COOPERS BEACH CAMPING AND CARAVAN AND ANOR HC AK CIV2005-404-5384

DJ SAMPSON V COOPERS BEACH CAMPING AND CARAVAN AND ANOR HC AK CIV2005-404-5384

The court entered judgment by consent for the plaintiff in the agreed amount of $265,754.00 and ordered that interest on that principal sum continue to accrue at the statutory rate under the Judicature Act 1908 from the date of judgment until payment, because the parties consented to those terms following an earlier interim summary judgment on liability.

Citation
openlaw-f1d95d8d_cd3e_41da_9afa_3fd35c1e323e.pdf
Parties
Plaintiff: David John Sampson; First Defendant: Coopers Beach Camping and Caravan; Second Defendant: Kevin Harold Peterson
Court
High Court
Jurisdiction
New Zealand
Judgment Date
16 June 2006
Procedural Posture
Civil Summary Judgment Application / Post Summary Judgment Hearing; Consent Judgment Fixing Quantum and Interest
Outcome
Judgment entered for plaintiff by consent for $265,754.00; interest ordered to accrue at the statutory rate under the Judicature Act 1908 from date of judgment until payment.
Legal Topics
Summary Judgment, Consent Judgment, Statutory Interest, Judicature Act 1908
Civil Procedure Remedies Interest Summary Judgment Consent Judgment Statutory Interest Judicature Act 1908

Case Brief

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Parties

David John Sampson

Plaintiff

Coopers Beach Camping and Caravan

First Defendant

Kevin Harold Peterson

Second Defendant

Procedural Posture

Civil Summary Judgment Application / Post Summary Judgment Hearing; Consent Judgment Fixing Quantum and Interest

Legal Issues

  1. 1 Whether judgment for quantum should be entered by consent following an interim summary judgment on liability
  2. 2 Whether interest should continue to accrue on the principal sum at the statutory rate under the Judicature Act 1908 from the date of judgment to payment

Ratio Decidendi

The court entered judgment by consent for the plaintiff in the agreed amount of $265,754.00 and ordered that interest on that principal sum continue to accrue at the statutory rate under the Judicature Act 1908 from the date of judgment until payment, because the parties consented to those terms following an earlier interim summary judgment on liability.

Court Disposition

Judgment entered for plaintiff by consent for $265,754.00; interest ordered to accrue at the statutory rate under the Judicature Act 1908 from date of judgment until payment.

Orders

  • Judgment by consent for the plaintiff in the sum of $265,754.00 in terms of paragraph 2 (i)–(v) of counsel's memorandum.
  • Interest on the principal sum to continue to accrue at the statutory rate under the Judicature Act 1908 from the date of judgment to the date of payment.