ADCOCK v BRANCOTT [2023] NZHC 3079

ADCOCK v BRANCOTT [2023] NZHC 3079

On the papers and oral submissions the defendant demonstrated no defence and no valid basis for adjournment; consequently summary judgment was granted ordering vacant possession within 25 working days and costs to the plaintiff on a 2B basis.

Source-derived case information.

Citation
[2023] NZHC 3079
Parties
Plaintiff: Ian Gregory Adcock; Defendant: Rachel Ruby Grace Brancott
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 November 2023
Procedural Posture
Civil Possession; Summary Judgment Application / Summary Judgment Hearing and Judgment
Outcome
Summary judgment granted for plaintiff; defendant ordered to vacate the property and deliver vacant possession; costs awarded to plaintiff.
Legal Topics
Summary Judgment, Vacant Possession, Costs, Adjournment, Failure to Appear
Property Law Civil Procedure Possession/eviction Summary Judgment Vacant Possession Costs Adjournment Failure to Appear

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Parties

Ian Gregory Adcock

Plaintiff

Rachel Ruby Grace Brancott

Defendant

Procedural Posture

Civil Possession; Summary Judgment Application / Summary Judgment Hearing and Judgment

Legal Issues

  1. 1 Whether the defendant has a defence to the plaintiff's claim
  2. 2 Whether summary judgment is appropriate
  3. 3 Whether the defendant's application for adjournment should be granted

Ratio Decidendi

On the papers and oral submissions the defendant demonstrated no defence and no valid basis for adjournment; consequently summary judgment was granted ordering vacant possession within 25 working days and costs to the plaintiff on a 2B basis.

Court Disposition

Summary judgment granted for plaintiff; defendant ordered to vacate the property and deliver vacant possession; costs awarded to plaintiff.

Orders

  • Defendant Rachel Ruby Grace Brancott to vacate the property at the land comprised in Record of Title 579015 and deliver up vacant possession to the plaintiff within 25 working days of 1 November 2023.
  • Costs awarded to the plaintiff on a 2B basis with disbursements to be fixed by the Registrar.