MOSSOP v IMRAN [2021] NZHC 685

MOSSOP v IMRAN [2021] NZHC 685 [30 March 2021]IN THE HIGH COURT OF NEW ZEALANDTAURANGA REGISTRYI TE KŌTI MATUA O AOTEAROATAURANGA MOANA ROHECIV-2020-470-000105[2021] NZHC 685BETWEEN NEIL MOSSOPPlaintiffAND ASHER IMRANDefendantHearing: 29 March 2021Appearances: M Beech for the PlaintiffNo appearance for the DefendantJudgment: 30 March 2021JUDGMENT OF ASSOCIATE JUDGE GARDINERThis judgment was delivered by me on 30 March 2021 at 4.45 p.m.pursuant to Rule 11.5 of the High Court Rules.Registrar/Deputy RegistrarDate.......................................Solicitors:Bush Forbes, TaurangaIntroduction[1] The plaintiff, Neil Mossop, has applied for summary judgment of the cause ofaction in his statement of claim dated 2 November 2020.[2] The plaintiff claims that he and the defendant, Dr Asher Imran, entered into anoral agreement in around April 2016, in Tauranga, New Zealand. It is claimed thatthey agreed to establish a partnership, together with the defendant's business partner,Mr Nazir Barkat, to develop land in Karachi, Pakistan, and distribute the profits toChristian ministries in Pakistan, Bangkok, and Nepal. The plaintiff agreed to lend thedefendant USD $300,000 to undertake the project, with the monies to be repaid in fullby 31 January 2018. The plaintiff made three separate transfers of USD $100,000 tothe defendant on the following dates: 27 July 2016, 1 August 2016, and 4 August 2016.[3] By 25 July 2017 it had become apparent to the plaintiff that the project wouldnot be proceeding, and that the defendant had used the loan monies for unrelated andunauthorised purposes. That day, the plaintiff demanded that the defendant repay theloan in full. This demand is contained in an email from the plaintiff to the defendantdated 25 July 2017, and annexed to the affidavit of the plaintiff filed in support of thisapplication, sworn on 28 October 2020.[4] The defendant has accepted liability for the loan in various WhatsAppmessages between the plaintiff and defendant, and in a letter from the defendant to theBNZ dated 24 August 2018 in which he admits:I am writing to acknowledge that I received a personal loan from Neil C &Wendy J Mossop of USD 300,000 by way of three deposits in July 2016.I also wish to advise that I intend to repay this loan during the next few weeksfrom my bank account SCB by way of several USD 50,000 or USD 100,000payments.[5] The defendant has not repaid the loan.[6] The defendant has been served with the proceedings in Pakistan, including theinterlocutory application for summary judgment and notice of hearing, as confirmedin an affidavit of service by Ahsan Nazir sworn on 8 February 2021, and asupplementary affidavit of service sworn on 15 February 2021.[7] The defendant has not filed a statement of defence or notice of opposition tothe summary judgment application, and has not entered an appearance.[8] I am satisfied that the defendant has no defence to the cause of action in thestatement of claim dated 2 November 2020, and therefore enter judgment against thedefendant.Result[9] I make the following orders:(a) judgment is entered against the defendant in the sum ofNZD $467,617.86, comprised of the principal amount of $419,979 andinterest of $47,638.86, calculated in accordance with s 12 of the Intereston Money Claims Act 2016 from the date of demand on25 July 2017 to the date of judgment; and(b) the defendant must pay the plaintiff's costs on a 2B basis, anddisbursements, to be fixed by the Registrar._____________________Associate Judge Gardiner