HERBERT EQUITIES LTD V MAMFREDOS & ORS HC AK CIV-2005-404-003679

HERBERT EQUITIES LTD V MAMFREDOS & ORS HC AK CIV-2005-404-003679

The court corrected a clerical error in its earlier judgment under R11.10, reducing the compound interest awarded from $1,090,562.10 to $429,936.00, and ordered the registered charging order to be varied to replace the overstated interest figure accordingly; the court has power to make the variation under R1.6 and its inherent jurisdiction (R17.44 procedures available but not mandatory for plaintiff application).

Citation
openlaw-aac2fd04_ce60_42f7_9914_39c82540c100.pdf
Parties
Plaintiff: Herbert Equities Limited; First Defendant: George Socrates Mamfredos; Second Defendant: George Socrates Mamfredos as Trustee of Samrayat Family Trust; Third Defendant: Annabella Jane Mamfredos
Court
High Court
Jurisdiction
New Zealand
Judgment Date
16 December 2009
Procedural Posture
Civil (judgment Enforcement and Property Charging Order) / Post Judgment Correction and Variation of Charging Order Under High Court Rules R11.10/r17.44/r1.6
Outcome
Judgment corrected and registered charging order varied
Legal Topics
Correction of Judgment, Charging Order Variation, Interest Calculation, High Court Rules R11.10, High Court Rules R17.44, High Court Rules R1.6
Civil Procedure Equity Property Judgments and Enforcement Correction of Judgment Charging Order Variation Interest Calculation High Court Rules R11.10 +2 more

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 4 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Herbert Equities Limited

Plaintiff

George Socrates Mamfredos

First Defendant

George Socrates Mamfredos as Trustee of Samrayat Family Trust

Second Defendant

Annabella Jane Mamfredos

Third Defendant

Procedural Posture

Civil (judgment Enforcement and Property Charging Order) / Post Judgment Correction and Variation of Charging Order Under High Court Rules R11.10/r17.44/r1.6

Legal Issues

  1. 1 Whether the judgment should be corrected for a clerical/error slip in the interest calculation under R11.10
  2. 2 Whether the charging order may be varied to reflect the corrected judgment figure
  3. 3 Appropriate quantum of compound interest to be awarded

Ratio Decidendi

The court corrected a clerical error in its earlier judgment under R11.10, reducing the compound interest awarded from $1,090,562.10 to $429,936.00, and ordered the registered charging order to be varied to replace the overstated interest figure accordingly; the court has power to make the variation under R1.6 and its inherent jurisdiction (R17.44 procedures available but not mandatory for plaintiff application).

Court Disposition

Judgment corrected and registered charging order varied

Orders

  • The figure of $1,090,562.10 shown at [44](b) of the judgment is corrected to read $429,936.00
  • The charging order registered pursuant to the judgment is varied so as to replace the interest figure at (b) of $1,090,562.10 with $429,936.00 (resulting total secured adjusted accordingly)