GE CUSTODIANS V TOILOLO AND ORS HC AK CIV-2009-404-4681

GE CUSTODIANS V TOILOLO AND ORS HC AK CIV-2009-404-4681

The third defendant was shown to have been served, did not appear and had no defence; accordingly the court was entitled to grant summary judgment and order possession in accordance with the pleaded prayers for relief.

Source-derived case information.

Citation
openlaw-81d1bb89_de2c_4848_a1bd_11f7387fdc6f.pdf
Parties
Plaintiff: GE Custodians; First Defendant: Geraldine Rose Toilolo; Second Defendant: William Kuresa Toilolo; Third Defendant: Brendon Holmes
Court
High Court
Jurisdiction
New Zealand
Judgment Date
6 October 2009
Procedural Posture
Civil Summary Judgment (possession) / Summary Judgment Hearing Oral Judgment on Defendant in Default
Outcome
Summary judgment granted against third defendant and possession of the property granted to the plaintiff.
Legal Topics
Summary Judgment, Possession Order, Service, Default Judgment
Civil Procedure Property Law Possession Summary Judgment Possession Order Service Default Judgment

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Parties

GE Custodians

Plaintiff

Geraldine Rose Toilolo

First Defendant

William Kuresa Toilolo

Second Defendant

Brendon Holmes

Third Defendant

Procedural Posture

Civil Summary Judgment (possession) / Summary Judgment Hearing Oral Judgment on Defendant in Default

Legal Issues

  1. 1 Whether the third defendant has a defence to the plaintiff's claim
  2. 2 Whether service of the proceedings on the third defendant was effective
  3. 3 Whether a possession order should be granted to the plaintiff

Ratio Decidendi

The third defendant was shown to have been served, did not appear and had no defence; accordingly the court was entitled to grant summary judgment and order possession in accordance with the pleaded prayers for relief.

Court Disposition

Summary judgment granted against third defendant and possession of the property granted to the plaintiff.

Orders

  • Possession of the property granted to the plaintiff in terms of the prayers for relief 'a' following paragraphs 14 and 25 of the statement of claim.
  • Proceedings against the first and second defendants adjourned to a later date.