SCOTT BARRIE V NATURE DISCOVERIES LIMITED HC WN CIV 2008-485-2530

SCOTT BARRIE V NATURE DISCOVERIES LIMITED HC WN CIV 2008-485-2530

The recall application by the plaintiffs was declined because the plaintiffs sought to advance arguments and evidence not raised or pursued at trial and the record did not justify recall under the requirements of justice; however the defendants' request (or the court's own motion) to correct an oversight was allowed to include the first and second plaintiffs as judgment debtors, and the court allocated and entered judgment for the specified counterclaim amounts and made specific costs awards, including a 25% uplift on specified items for the defendants represented by H C Matthews.

Citation
openlaw-eec39192_ad10_479f_820f_11b9ccbac672.pdf
Parties
First Plaintiff: SCOTT BARRIE; Second Plaintiff: ANITA WOOD; Third Plaintiff: NATURE DISCOVERIES QUEENSGATE LIMITED; Fourth Plaintiff: NADIS PORIRUA LIMITED; Fifth Plaintiff: DAKARIS LIMITED; Sixth Plaintiff: NADIS GLENFIELD LIMITED; Seventh Plaintiff: SCOTT BARRIE AND ROBIN JAMES BARRIE AS TRUSTEES OF THE BARRICHES TRUSTS; First Defendant: NATURE DISCOVERIES LIMITED; Second Defendant: NATURE BY DESIGN LIMITED; Third Defendant: NATURE FOUNDATION LIMITED; Fourth Defendant: DOUGLAS PFLAUM; Fifth Defendant: BLAXALL & STEVEN DISTRIBUTORS LIMITED; Sixth Defendant: JOHN GARLICK; Seventh Defendant: MARK CHAN; Eighth Defendant: DANIEL GARRETT
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 December 2012
Procedural Posture
Franchise Dispute (misrepresentation and Counterclaim for Unpaid Goods) / Post‑judgment Applications: Recall of Judgment, Allocation of Counterclaim, and Costs Determination
Outcome
Plaintiffs' application to recall judgment declined; defendants' application to recall allowed in part to correct an omission and enter judgment against the first and second plaintiffs as guarantors; counterclaim amounts allocated and judgments entered; costs awarded to defendants as detailed.
Legal Topics
Misrepresentation, Breach of Contract, Counterclaim for Goods Supplied, Guarantees (judgment Against Guarantors), Recall of Judgment, Allocation of Judgment Between Parties, Costs Uplift
Contract Law Franchise Law Tort Civil Procedure Debt Recovery Costs Misrepresentation Breach of Contract +5 more

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Parties

SCOTT BARRIE

First Plaintiff

ANITA WOOD

Second Plaintiff

NATURE DISCOVERIES QUEENSGATE LIMITED

Third Plaintiff

NADIS PORIRUA LIMITED

Fourth Plaintiff

DAKARIS LIMITED

Fifth Plaintiff

NADIS GLENFIELD LIMITED

Sixth Plaintiff

SCOTT BARRIE AND ROBIN JAMES BARRIE AS TRUSTEES OF THE BARRICHES TRUSTS

Seventh Plaintiff

NATURE DISCOVERIES LIMITED

First Defendant

NATURE BY DESIGN LIMITED

Second Defendant

NATURE FOUNDATION LIMITED

Third Defendant

DOUGLAS PFLAUM

Fourth Defendant

BLAXALL & STEVEN DISTRIBUTORS LIMITED

Fifth Defendant

JOHN GARLICK

Sixth Defendant

MARK CHAN

Seventh Defendant

DANIEL GARRETT

Eighth Defendant

Procedural Posture

Franchise Dispute (misrepresentation and Counterclaim for Unpaid Goods) / Post‑judgment Applications: Recall of Judgment, Allocation of Counterclaim, and Costs Determination

Legal Issues

  1. 1 Whether the judgment should be recalled to permit plaintiffs to contest the quantum of the counterclaim
  2. 2 Whether the court erred by omitting the first and second plaintiffs (as guarantors) from the counterclaim judgment
  3. 3 Proper allocation of counterclaim amounts between defendants and plaintiff entities

Ratio Decidendi

The recall application by the plaintiffs was declined because the plaintiffs sought to advance arguments and evidence not raised or pursued at trial and the record did not justify recall under the requirements of justice; however the defendants' request (or the court's own motion) to correct an oversight was allowed to include the first and second plaintiffs as judgment debtors, and the court allocated and entered judgment for the specified counterclaim amounts and made specific costs awards, including a 25% uplift on specified items for the defendants represented by H C Matthews.

Court Disposition

Plaintiffs' application to recall judgment declined; defendants' application to recall allowed in part to correct an omission and enter judgment against the first and second plaintiffs as guarantors; counterclaim amounts allocated and judgments entered; costs awarded to defendants as detailed.

Orders

  • Plaintiffs' recall application declined.
  • Judgment entered for the First Defendant against: Scott John Barrie (first plaintiff) - $324,717.61.