RFD PLUMBING LIMITED (in liq) v DYHRBERG [2019] NZHC 151

RFD PLUMBING LIMITED (in liq) v DYHRBERG [2019] NZHC 151

The signed 31 March 2016 financial statements provided strong evidence of the defendants' debts; the defendants failed to provide credible, specific, contemporaneous evidence of post-statement adjustments or set-offs or to show the liquidator was given material justifying adjustment; therefore there was no real issue to be tried and summary judgment was granted for the stated sums with interest and costs.

Citation
[2019] NZHC 151
Parties
First Plaintiff: RFD Plumbing Limited (in liq); Second Plaintiff: Vivian Judith Fatupaito (liquidator of RFD Plumbing Ltd (in liq)); First Defendant: Robert Francis Dyhrberg; Second Defendant: Nehemaia Pomale
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 February 2018
Procedural Posture
Companies Act 1993 Liquidation: Recovery of Shareholder Current Account Balances / Undefended Summary Judgment Application (hearing and Judgment)
Outcome
Judgment for plaintiffs against the first and second defendants for the stated shareholder current account debit balances with interest and costs.
Legal Topics
Liquidation, Shareholder Current Accounts, Summary Judgment, Interest on Money Claims
Company Law Insolvency Civil Procedure Liquidation Shareholder Current Accounts Summary Judgment Interest on Money Claims

Case Brief

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Parties

RFD Plumbing Limited (in liq)

First Plaintiff

Vivian Judith Fatupaito (liquidator of RFD Plumbing Ltd (in liq))

Second Plaintiff

Robert Francis Dyhrberg

First Defendant

Nehemaia Pomale

Second Defendant

Procedural Posture

Companies Act 1993 Liquidation: Recovery of Shareholder Current Account Balances / Undefended Summary Judgment Application (hearing and Judgment)

Legal Issues

  1. 1 Whether the signed financial statements constituted prima facie evidence of the defendants' indebtedness to the company
  2. 2 Whether defendants raised a real issue to be tried by adducing credible evidence of post-statement adjustments or set-offs
  3. 3 Whether summary judgment was appropriate where defendants failed to present a credible defence

Ratio Decidendi

The signed 31 March 2016 financial statements provided strong evidence of the defendants' debts; the defendants failed to provide credible, specific, contemporaneous evidence of post-statement adjustments or set-offs or to show the liquidator was given material justifying adjustment; therefore there was no real issue to be tried and summary judgment was granted for the stated sums with interest and costs.

Court Disposition

Judgment for plaintiffs against the first and second defendants for the stated shareholder current account debit balances with interest and costs.

Orders

  • Judgment for plaintiff against first defendant Robert Francis Dyhrberg in the sum of 34025 NZD plus interest pursuant to ss 10 and 12 of the Interest on Money Claims Act 2016 from 10 May 2018 until date of judgment
  • Judgment for plaintiff against second defendant Nehemaia Pomale in the sum of 38480 NZD plus interest pursuant to ss 10 and 12 of the Interest on Money Claims Act 2016 from 10 May 2018 until date of judgment