WILLIAMS & ANOR V THE HOUSE COMPANY (WHANGAREI) LIMITED & ORS HC WHA CIV 2004-088-657

WILLIAMS & ANOR V THE HOUSE COMPANY (WHANGAREI) LIMITED & ORS HC WHA CIV 2004-088-657

The judgment sealed on 7 December 2006 was irregularly obtained because the claimed repair damages required proof and assessment under r 463 and thus were not a clear liquidated demand for the purposes of r 460; an irregularly obtained judgment must be set aside under r 469 and r 463, and accordingly the default judgment against the tenth defendant is set aside without conditions and without an order for costs.

Citation
openlaw-bffed730_f772_4d69_a2f5_18d9ba34d909.pdf
Parties
Plaintiff: Gavin Hamilton Williams; Plaintiff: Barbara Jane Williams; Defendant (first): The House Company (Whangarei) Limited; Defendant (second): The House Company (Whangarei 2003) Limited; Defendant (third): Owen Davies; Defendant (fourth): Ross Cannon; Defendant (fifth): Wayne Sapwell; Defendant (sixth): Paul van der Sluis; Defendant (seventh): Barry Chappell; Defendant (eighth): Terrence O'Connor; Defendant (ninth): The Whangarei District Council; Defendant (tenth): Anthony Orville Amundson; Defendant (eleventh): Matt Crum
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 April 2007
Procedural Posture
Civil Negligence / Building Defect / Application to Set Aside Default Judgment (r 469)
Outcome
Default judgment entered 7 December 2006 against tenth defendant set aside.
Legal Topics
Setting Aside Default Judgment, Liquidated Demand, Assessment of Damages, High Court Rules Compliance
Civil Procedure Tort Building Law Setting Aside Default Judgment Liquidated Demand Assessment of Damages High Court Rules Compliance

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Parties

Gavin Hamilton Williams

Plaintiff

Barbara Jane Williams

Plaintiff

The House Company (Whangarei) Limited

Defendant (first)

The House Company (Whangarei 2003) Limited

Defendant (second)

Owen Davies

Defendant (third)

Ross Cannon

Defendant (fourth)

Wayne Sapwell

Defendant (fifth)

Paul van der Sluis

Defendant (sixth)

Barry Chappell

Defendant (seventh)

Terrence O'Connor

Defendant (eighth)

The Whangarei District Council

Defendant (ninth)

Anthony Orville Amundson

Defendant (tenth)

Matt Crum

Defendant (eleventh)

Procedural Posture

Civil Negligence / Building Defect / Application to Set Aside Default Judgment (r 469)

Legal Issues

  1. 1 Whether the plaintiff's claim for $10,000 constituted a liquidated demand
  2. 2 Whether a hearing under r 463 was required to assess damages before sealing judgment
  3. 3 Whether the default judgment was irregularly obtained and should be set aside under r 469

Ratio Decidendi

The judgment sealed on 7 December 2006 was irregularly obtained because the claimed repair damages required proof and assessment under r 463 and thus were not a clear liquidated demand for the purposes of r 460; an irregularly obtained judgment must be set aside under r 469 and r 463, and accordingly the default judgment against the tenth defendant is set aside without conditions and without an order for costs.

Court Disposition

Default judgment entered 7 December 2006 against tenth defendant set aside.

Orders

  • Order setting aside judgment entered 7 December 2006 against the tenth defendant (Anthony Orville Amundson).
  • No order for costs.