DEVOY and ORS v GOLDEX INTERNATIONAL SERVICES LIMITED and ORS [2013] NZHC 1221

DEVOY and ORS v GOLDEX INTERNATIONAL SERVICES LIMITED and ORS [2013] NZHC 1221

Application for judgment by formal proof was granted as to the first and second causes of action against the third defendant; judgment to include interest, costs and disbursements as claimed; no orders were made on the third, fourth and fifth causes of action; judgment to be entered in terms of the draft judgment attached to the application.

Citation
[2013] NZHC 1221
Parties
First Plaintiff: Eli Devoy; Second Plaintiff: Akiko Ito; Third Plaintiff: Alirezi Norouzy; Fourth Plaintiff: Dana Omidvar; Fifth Plaintiff: Hassan Arefi; Sixth Plaintiff: Sachito Shiozawa; Seventh Plaintiff: Zohreh Azimi; First Defendant: Goldex International Services Limited; Second Defendant: Haji Abd Rahman Awg Hajidamit; Third Defendant: Demin Sergey Vladimirovich
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 May 2013
Procedural Posture
Civil Proceedings / Application for Judgment by Way of Formal Proof (application Against Third Defendant)
Outcome
Application granted in part; judgment entered against the third defendant on the first and second causes of action; no order on the third, fourth and fifth causes of action.
Legal Topics
Formal Proof, Judgment by Default, Interest, Costs, Disbursements
Civil Procedure Debt Recovery Formal Proof Judgment by Default Interest Costs Disbursements

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Parties

Eli Devoy

First Plaintiff

Akiko Ito

Second Plaintiff

Alirezi Norouzy

Third Plaintiff

Dana Omidvar

Fourth Plaintiff

Hassan Arefi

Fifth Plaintiff

Sachito Shiozawa

Sixth Plaintiff

Zohreh Azimi

Seventh Plaintiff

Goldex International Services Limited

First Defendant

Haji Abd Rahman Awg Hajidamit

Second Defendant

Demin Sergey Vladimirovich

Third Defendant

Procedural Posture

Civil Proceedings / Application for Judgment by Way of Formal Proof (application Against Third Defendant)

Legal Issues

  1. 1 Whether the court should grant judgment against the third defendant by way of formal proof
  2. 2 Whether judgment should be entered on the first and second causes of action
  3. 3 Whether interest, costs and disbursements as claimed should be awarded

Ratio Decidendi

Application for judgment by formal proof was granted as to the first and second causes of action against the third defendant; judgment to include interest, costs and disbursements as claimed; no orders were made on the third, fourth and fifth causes of action; judgment to be entered in terms of the draft judgment attached to the application.

Court Disposition

Application granted in part; judgment entered against the third defendant on the first and second causes of action; no order on the third, fourth and fifth causes of action.

Orders

  • Judgment may be entered against the third defendant on the first and second causes of action in terms of the draft judgment attached to the application
  • Interest, costs and disbursements awarded as claimed in the statement of claim