MURRAY V REBEL GASOLINE LIMITED AND ORS HC AK CIV 2006-404-00596

MURRAY V REBEL GASOLINE LIMITED AND ORS HC AK CIV 2006-404-00596

The Court entered judgment against the second and third defendants because the plaintiff provided an affidavit and settlement statement that satisfactorily verified the composition and amount of the debt ($267,391.25) plus claimed legal costs ($1,997.50), totalling $271,346.55, and the defendants had withdrawn opposition to the summary judgment; the first defendant remains stayed due to liquidation.

Citation
openlaw-3984abf5_03b5_4df7_bcab_9d02a85aa690.pdf
Parties
Plaintiff: Kevin James Murray; First Defendant: Rebel Gasoline Limited; Second Defendant: Tracey Garmonsway; Third Defendant: ConSway Kinetic Innovations Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
5 October 2006
Procedural Posture
Civil (debt) Summary Judgment Application / Judgment Entered (oral)
Outcome
Judgment entered for the plaintiff against the second and third defendants for the claimed amount; proceedings stayed as against the first defendant due to liquidation.
Legal Topics
Summary Judgment, Compromise Agreement, Caveat Withdrawal, Costs (2 B), Judgment for Debt
Civil Procedure Contract Insolvency Debt Recovery Summary Judgment Compromise Agreement Caveat Withdrawal Costs (2 B) +1 more

Case Brief

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Parties

Kevin James Murray

Plaintiff

Rebel Gasoline Limited

First Defendant

Tracey Garmonsway

Second Defendant

ConSway Kinetic Innovations Limited

Third Defendant

Procedural Posture

Civil (debt) Summary Judgment Application / Judgment Entered (oral)

Legal Issues

  1. 1 Whether summary judgment is appropriate despite no appearance by defendants
  2. 2 Whether the amounts claimed are referable to the cause of action in the statement of claim
  3. 3 Liability of the second and third defendants under the compromise/agreement and verification by affidavit

Ratio Decidendi

The Court entered judgment against the second and third defendants because the plaintiff provided an affidavit and settlement statement that satisfactorily verified the composition and amount of the debt ($267,391.25) plus claimed legal costs ($1,997.50), totalling $271,346.55, and the defendants had withdrawn opposition to the summary judgment; the first defendant remains stayed due to liquidation.

Court Disposition

Judgment entered for the plaintiff against the second and third defendants for the claimed amount; proceedings stayed as against the first defendant due to liquidation.

Orders

  • Enter judgment against second and third defendants for $271,346.55
  • Second and third defendants to pay costs to the plaintiff on a 2B basis and disbursements fixed by the Registrar