JOSALI TRUST LTD v SPENCER [2023] NZHC 3608
By consent, summary judgment is appropriate where parties agree the debt is owing; accordingly judgment was entered for the plaintiff for the principal sum, contractual interest under s22 of the Interest on Money Claims Act 2016 for the pre-judgment period, post-judgment interest at the prescribed rate under ss10...
Source-derived case information.
- Citation
- [2023] NZHC 3608
- Parties
- Plaintiff: Josali Trust Limited and Pingao Trustee 508 Limited as trustees of Josali Trust; First Defendant: Jonathan Lindsay Spencer; Second Defendant: Steven John Douglas Hawkins
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 11 December 2023
- Procedural Posture
- Civil Debt Claim / Summary Judgment by Consent (determined on Papers)
- Outcome
- Judgment entered against the first and second defendants by consent.
- Legal Topics
- Deed of Settlement, Deed of Debt, Summary Judgment, Interest Calculation, Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josali Trust Limited and Pingao Trustee 508 Limited as trustees of Josali Trust
Plaintiff
Jonathan Lindsay Spencer
First Defendant
Steven John Douglas Hawkins
Second Defendant
Procedural Posture
Civil Debt Claim / Summary Judgment by Consent (determined on Papers)
Legal Issues
- 1 Whether the defendants were in default under the Deed of Settlement and Deed of Debt
- 2 Whether summary judgment was appropriate and could be entered by consent
- 3 Proper calculation and application of contractual and statutory interest and award of costs
Ratio Decidendi
By consent, summary judgment is appropriate where parties agree the debt is owing; accordingly judgment was entered for the plaintiff for the principal sum, contractual interest under s22 of the Interest on Money Claims Act 2016 for the pre-judgment period, post-judgment interest at the prescribed rate under ss10 and 12, and costs on a 2B basis.
Court Disposition
Judgment entered against the first and second defendants by consent.
Orders
- Judgment is entered against the first and second defendants in the sum of $650,000.
- The first and second defendants will pay interest on the sum of $650,000 at the contractual rate of 10% per annum pursuant to section 22 of the Interest on Money Claims Act 2016 for the period 1 August 2019 until the date of judgment.
Full Case Text
Judgment text and source record
1 paragraphs
JOSALI TRUST LTD v SPENCER [2023] NZHC 3608 [11 December 2023]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV-2023-404-000562[2023] NZHC 3608BETWEEN JOSALI TRUST LIMITED and PINGAOTRUSTEE 508 LIMITED as trustees ofJOSALI TRUSTPlaintiffAND JONATHAN LINDSAY SPENCERFirst DefendantSTEVEN JOHN DOUGLAS HAWKINSSecond DefendantHearing: On the papersAppearances: J W McDougall for the PlaintiffM Lenihan for the First and Second DefendantsJudgment: 11 December 2023JUDGMENT OF ASSOCIATE JUDGE GARDINERThis judgment was delivered by me on 11 December 2023 at 4.00 p.m.pursuant to Rule 11.5 of the High Court Rules.Registrar/Deputy RegistrarDate.......................................Solicitors:AJO Legal Ltd, AucklandHolland Beckett, AucklandM Lenihan, Auckland[1] The plaintiff, Josali Trust Limited and Pingao Trustee 508 Limited as trusteesof the Josali Trust, applies for summary judgment of its statement of claim dated21 March 2023 against the first defendant, Jonathan Spencer, and the seconddefendant, Steven Hawkins. The plaintiff claims that the first and second defendantsare in default of their obligations under a Deed of Settlement dated 30 June 2016 anda Deed of Debt, in that they have not repaid the debt to the plaintiff.[2] The application for summary judgment was determined with the consent of theparties.Orders[3] By consent, I order:(a) judgment is entered against the first and second defendants in the sumof $650,000;(b) the first and second defendants will pay interest on the sum of $650,000at the contractual rate of 10% per annum pursuant to section 22 of theInterest on Money Claims Act 2016 for the period 1 August 2019 untilthe date of judgment;(c) the first and second defendants will pay interest on the sum of $650,000at the interest rate prescribed by section 12 of the Interest on MoneyClaims Act 2016 from the date of judgment until the date of payment,pursuant to section 10 of the Interest on Money Claims Act 2016;(d) the first and second defendants will pay costs and disbursements on a2B basis in the sum of $19,284.80; and(e) this judgment is to lie in Court until 5.00 pm on 31 March 2024._______________________________Associate Judge Gardiner