FM CUSTODIANS LIMITED v KATIKATI COMMERCIAL CENTRE LIMITED & ORS [2013] NZHC 1864

FM CUSTODIANS LIMITED v KATIKATI COMMERCIAL CENTRE LIMITED & ORS [2013] NZHC 1864

Because the defendants (except where service was incomplete) had been served and no defence was established at the summary judgment hearing, judgment was entered for the plaintiff for $512,377.75 plus costs of $1,976.01; judgment against CLM Trustee Limited is limited to the assets of the Bayzone Investment Trust; the application against David Geoffrey Fisher was adjourned due to incomplete service; the claim against Julie Maree Fisher was discontinued by the plaintiff.

Citation
[2013] NZHC 1864
Parties
Plaintiff: FM CUSTODIANS LIMITED; First Defendant: KATIKATI COMMERCIAL CENTRE LIMITED; Second Defendant: DAVID GEOFFREY FISHER; Third Defendant: DAVID MACKENZIE WEST; Fourth Defendant: WEST INVESTMENTS 2000 LIMITED; Fourth Defendant (discontinued): JULIE MAREE FISHER; Fourth Defendant: CLM TRUSTEE LIMITED
Court
High Court
Jurisdiction
New Zealand
Judgment Date
19 July 2013
Procedural Posture
Summary Judgment Application (civil) / Hearing and Judgment on Summary Judgment Application
Outcome
Judgment entered in favour of plaintiff against defendants served within New Zealand and against Mr West served in Australia for $512,377.75; costs awarded $1,976.01; judgment against CLM Trustee Limited limited to assets of the Bayzone Investment Trust; application against David Geoffrey Fisher adjourned to 16...
Legal Topics
Summary Judgment, Service of Process, Discontinuance, Costs, Trust Asset Limitation
Civil Procedure Enforcement of Judgments Summary Judgment Service of Process Discontinuance Costs Trust Asset Limitation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

FM CUSTODIANS LIMITED

Plaintiff

KATIKATI COMMERCIAL CENTRE LIMITED

First Defendant

DAVID GEOFFREY FISHER

Second Defendant

DAVID MACKENZIE WEST

Third Defendant

WEST INVESTMENTS 2000 LIMITED

Fourth Defendant

JULIE MAREE FISHER

Fourth Defendant (discontinued)

CLM TRUSTEE LIMITED

Fourth Defendant

Procedural Posture

Summary Judgment Application (civil) / Hearing and Judgment on Summary Judgment Application

Legal Issues

  1. 1 Whether summary judgment should be entered against defendants served within New Zealand and Mr West served in Australia
  2. 2 Appropriate quantum of judgment and costs
  3. 3 Whether judgment against CLM Trustee Limited should be limited to assets of the Bayzone Investment Trust

Ratio Decidendi

Because the defendants (except where service was incomplete) had been served and no defence was established at the summary judgment hearing, judgment was entered for the plaintiff for $512,377.75 plus costs of $1,976.01; judgment against CLM Trustee Limited is limited to the assets of the Bayzone Investment Trust; the application against David Geoffrey Fisher was adjourned due to incomplete service; the claim against Julie Maree Fisher was discontinued by the plaintiff.

Court Disposition

Judgment entered in favour of plaintiff against defendants served within New Zealand and against Mr West served in Australia for $512,377.75; costs awarded $1,976.01; judgment against CLM Trustee Limited limited to assets of the Bayzone Investment Trust; application against David Geoffrey Fisher adjourned to 16...

Orders

  • Judgment for plaintiff against defendants served within New Zealand and against David Mackenzie West (served in Australia) in the sum of $512,377.75
  • Costs awarded to plaintiff in the sum of $1,976.01