FUGLE AND ANOR V MID ATLANTIC DEVELOPMENT LLC HC WN CIV-2006-485-1123

FUGLE AND ANOR V MID ATLANTIC DEVELOPMENT LLC HC WN CIV-2006-485-1123

Because the defendant was validly served under High Court Rules r 138A, filed no notice of opposition and made no appearance, the plaintiffs were entitled to summary judgment in terms of their statement of claim entitling them to discharge of the specified mortgages and payment of costs.

Citation
openlaw-decf58be_0d4c_46c5_8cc4_1253741cd682.pdf
Parties
First Plaintiff: Leslie William Fugle; Second Plaintiff: Pacific Farms Limited; Defendant: Mid Atlantic Development LLC
Court
High Court
Jurisdiction
New Zealand
Judgment Date
24 July 2006
Procedural Posture
Summary Judgment / Application for Summary Judgment Judgment Delivered 24 July 2006
Outcome
Summary judgment granted in favour of the plaintiffs in terms of their statement of claim.
Legal Topics
Summary Judgment, Discharge of Mortgage, Service Out of Jurisdiction, Costs
Civil Procedure Property Law Mortgage Law International Service of Process Summary Judgment Discharge of Mortgage Service Out of Jurisdiction Costs

Case Brief

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Parties

Leslie William Fugle

First Plaintiff

Pacific Farms Limited

Second Plaintiff

Mid Atlantic Development LLC

Defendant

Procedural Posture

Summary Judgment / Application for Summary Judgment Judgment Delivered 24 July 2006

Legal Issues

  1. 1 Whether summary judgment should be entered where defendant was served under High Court Rules r 138A and filed no opposition
  2. 2 Whether mortgage securities should be discharged pursuant to judgment in favour of the plaintiffs
  3. 3 Whether costs should be awarded and in what amount

Ratio Decidendi

Because the defendant was validly served under High Court Rules r 138A, filed no notice of opposition and made no appearance, the plaintiffs were entitled to summary judgment in terms of their statement of claim entitling them to discharge of the specified mortgages and payment of costs.

Court Disposition

Summary judgment granted in favour of the plaintiffs in terms of their statement of claim.

Orders

  • Discharge of mortgage in favour of Mid Atlantic Development LLC over Lot 2 on Deposited Plan 305867 (Certificate of Title 23302), Wellington Registry.
  • Discharge of mortgage securities in favour of Mid Atlantic Development LLC over Lot 97 on Deposited Plan 330144 (Certificate of Title 123780) and Lot 98 on Deposited Plan 330144 (Certificate of Title 123781), Wellington Registry.