NISSAN FINANCIAL SERVICES NEW ZEALAND PTY LIMITED v CONSTABLE [2021] NZHC 285 [25 February 2021]
The guarantee signed by both defendants unambiguously covered the sums claimed, the defendants did not file any defence and their solicitors confirmed they would not oppose the claim, therefore the plaintiff was entitled to summary judgment for the claimed principal and indemnity costs as evidenced by the filed...
Source-derived case information.
- Citation
- [2021] NZHC 285
- Parties
- Plaintiff: Nissan Financial Services New Zealand Pty Limited; First Defendant: Grant David Constable; Second Defendant: Jenny Marie Constable
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 25 February 2021
- Procedural Posture
- Debt/guarantee Enforcement / Summary Judgment (judgment Delivered)
- Outcome
- Summary judgment entered for plaintiff
- Legal Topics
- Guarantee, Summary Judgment, Indemnity Costs, Enforcement
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nissan Financial Services New Zealand Pty Limited
Plaintiff
Grant David Constable
First Defendant
Jenny Marie Constable
Second Defendant
Procedural Posture
Debt/guarantee Enforcement / Summary Judgment (judgment Delivered)
Legal Issues
- 1 Whether the written guarantee covers the sums claimed
- 2 Whether the defendants have a defence to the claim
- 3 Whether the plaintiff is entitled to summary judgment and indemnity costs
Ratio Decidendi
The guarantee signed by both defendants unambiguously covered the sums claimed, the defendants did not file any defence and their solicitors confirmed they would not oppose the claim, therefore the plaintiff was entitled to summary judgment for the claimed principal and indemnity costs as evidenced by the filed memoranda and affidavits.
Court Disposition
Summary judgment entered for plaintiff
Orders
- Judgment for plaintiff in the sum of $720,426.35
- Costs awarded to plaintiff on an indemnity basis in the sum of $18,460.65
Full Case Text
Judgment text and source record
1 paragraphs
NISSAN FINANCIAL SERVICES NEW ZEALAND PTY LIMITED v CONSTABLE [2021] NZHC 285[25 February 2021]IN THE HIGH COURT OF NEW ZEALANDCHRISTCHURCH REGISTRYI TE KŌTI MATUA O AOTEAROAŌTAUTAHI ROHECIV-2020-412-75[2021] NZHC 285BETWEEN NISSAN FINANCIAL SERVICESNEW ZEALAND PTY LIMITEDPlaintiffAND GRANT DAVID CONSTABLEFirst DefendantAND JENNY MARIE CONSTABLESecond DefendantHearing: 25 February 2021Appearances: C T Jolliffe for PlaintiffNo appearance for First and Second DefendantJudgment: 25 February 2021JUDGMENT OF ASSOCIATE JUDGE LESTERThis judgment was delivered by me on 25 February 2021 at 4.30pmpursuant to Rule 11.5 of the High Court RulesRegistrar/Deputy Registrar25 February 2021[1] In this proceeding, the plaintiff seeks judgment against the defendants ona written guarantee they both signed.[2] Although I have recorded above that there was no appearance for the first andsecond defendants, the defendants had instructed solicitors. While those solicitorshave not taken formal steps, they filed a memorandum advising the Court that thedefendants will not be filing documents to oppose the claim.[3] Having reviewed the documents, I am satisfied that the guarantee sued oncovers the sums claimed in the statement of claim.[4] The material filed confirms the first and second defendants do not havea defence to the plaintiff's claim. The advice from the defendants' counsel that theywill not be filing documents to oppose that claim is consistent with the view I havereached.[5] I am satisfied the plaintiff is entitled to summary judgment in terms ofthe Memorandum of Quantum dated 24 February 2021 in the sum of $720,426.35.The plaintiff is also entitled to costs on an indemnity basis as provided for in therelevant documents in the sum of $18,460.65, as per the affidavit of costs anddisbursements dated 24 February 2021. Judgment in favour of the plaintiff is enteredin those sums accordingly.__________________________________Associate Judge LesterSolicitors:Anthony Harper, ChristchurchCavell Leitch, Christchurch