LIBERTY FINANCIAL LIMITED V TAWA AND ANOR HC TAU CIV-2009-470-212
Defendants were in substantial default, the plaintiff properly served the s119 Property Law Act 2007 notice, and the defendants offered no defence; therefore the plaintiff is entitled to possession and judgment for the unpaid advances, accrued interest and costs.
Source-derived case information.
- Citation
- openlaw-6b4d8cbe_34e1_4561_9ea6_618b6fa06438.pdf
- Parties
- Plaintiff: Liberty Financial Limited; Defendant: Mere Erina Tawa; Defendant: Fenton Hoani Tawa
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 12 August 2009
- Procedural Posture
- Summary Judgment (possession and Debt) / Judgment
- Outcome
- Judgment for plaintiff: possession of 2 Te Kaponga Street granted; monetary judgment entered against defendants.
- Legal Topics
- Possession, Mortgage Enforcement, Default, Section 119 Property Law Act 2007 Notice, Interest and Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
Liberty Financial Limited
Plaintiff
Mere Erina Tawa
Defendant
Fenton Hoani Tawa
Defendant
Procedural Posture
Summary Judgment (possession and Debt) / Judgment
Legal Issues
- 1 Whether plaintiff entitled to possession of property
- 2 Whether defendants liable for unpaid advances and interest
- 3 Whether procedural requirements under s119 Property Law Act 2007 were met
Ratio Decidendi
Defendants were in substantial default, the plaintiff properly served the s119 Property Law Act 2007 notice, and the defendants offered no defence; therefore the plaintiff is entitled to possession and judgment for the unpaid advances, accrued interest and costs.
Court Disposition
Judgment for plaintiff: possession of 2 Te Kaponga Street granted; monetary judgment entered against defendants.
Orders
- Order for possession of the property at 2 Te Kaponga Street, Tauranga (Certificate of Title SA4A/23)
- Judgment in the sum of $197,171.67 in favour of the plaintiff
Full Case Text
Judgment text and source record
1 paragraphs
LIBERTY FINANCIAL LIMITED V TAWA AND ANOR HC TAU CIV-2009-470-212 12 August 2009IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY CIV-2009-470-212UNDER the Property Law Act 2007 BETWEEN LIBERTY FINANCIAL LIMITED Plaintiff AND MERE ERINA TAWA AND FENTON HOANI TAWA Defendant Hearing: 12 August 2009 Appearances: Ms McLeish for plaintiff No appearance for defendants Judgment: 12 August 2009ORAL JUDGMENT OF ASSOCIATE JUDGE DOOGUESolicitors:Lowndes Associates, P O Box 7311, Auckland - by facsimile: 09 373 3423 (J Nolen)Copy:M and F Tawa, 2 Te Kaponga Street, Tauranga[1] The plaintiff seeks orders for possession of the property at 2 Te Kaponga Street, Tauranga being all the land described in Certificate of Title SA4A/23 (South Auckland Registry). The plaintiff also seeks to recover indebtedness arising under unpaid advances made to the defendants. The plaintiff has issued summary judgment proceedings that have been served on the defendants. The defendants have taken no steps and did not appear when this matter was called in the summary judgment list on 12 August 2009. [2] I am satisfied that the defendants have no defence to the plaintiff's claims and I am further satisfied that the defendants have been substantially in default under the loan arrangements since February 2006 and that the plaintiff duly served a s 119 Property Law Act 2007 notice on them 1 November 2008. My judgment is the plaintiff is entitled to possession of the property and I make the order sought. I also consider that the defendants are liable to the plaintiff in respect to the following amounts for which I enter judgment or direct payment: a) Judgment in the sum of $197,171.67; b) Interest on the judgment sum at the rate of 12.75% pa from 20 January 2009 to the date of judgment – a sum of $14,051.52; c) Interest on the judgment sum at the rate of 12.75% per annum from the date of judgment to the date of payment; d) Costs and disbursements are also ordered in the sum of $9,888.75; _____________ J.P. Doogue Associate Judge