ROWLAND-JONES AND ORS V BOYLE HC CHCH CIV-2007-409-002598

ROWLAND-JONES AND ORS V BOYLE HC CHCH CIV-2007-409-002598

Summary judgment was entered for the plaintiffs because the defendant's alleged cross-claims and set-offs were unsupported or involved payments not subject to the joint guarantees (or were paid by strangers/third parties), and therefore did not defeat the plaintiffs' quantified contribution claims; only limited...

Source-derived case information.

Citation
openlaw-61dba156_d36d_41b4_b53e_8fa2db147043.pdf
Parties
First Plaintiff: Rowland-Jones Family Trust; Second Plaintiff: Simon Nicholas Rowland-Jones; Defendant: Noel Patrick Boyle
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 March 2008
Procedural Posture
Civil Guarantor Contribution (summary Judgment) / Judgment on Summary Judgment Application
Outcome
Summary judgment entered for plaintiffs against defendant.
Legal Topics
Contribution Between Co Guarantors, Set Off, Summary Judgment, Shareholder Advances, Assignment of Security
Contract Company Law Civil Procedure Guarantee and Indemnity Equity Contribution Between Co Guarantors Set Off Summary Judgment +2 more

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Parties

Rowland-Jones Family Trust

First Plaintiff

Simon Nicholas Rowland-Jones

Second Plaintiff

Noel Patrick Boyle

Defendant

Procedural Posture

Civil Guarantor Contribution (summary Judgment) / Judgment on Summary Judgment Application

Legal Issues

  1. 1 Whether summary judgment should be granted on guarantor contribution claims
  2. 2 Whether defendant has valid cross-claims or set-offs arising from payments to the company
  3. 3 Whether specific payments claimed by defendant were subject to the joint guarantees

Ratio Decidendi

Summary judgment was entered for the plaintiffs because the defendant's alleged cross-claims and set-offs were unsupported or involved payments not subject to the joint guarantees (or were paid by strangers/third parties), and therefore did not defeat the plaintiffs' quantified contribution claims; only limited factual issues (Shalimar and Charles Parsons) required further evidence and were not sufficient to bar summary judgment.

Court Disposition

Summary judgment entered for plaintiffs against defendant.

Orders

  • Judgment entered against the defendant in favour of the first plaintiff in the amount of 137,442.37 NZD.
  • Interest from 7 July 2006 to the date of judgment upon the sum of 90,226.94 NZD.