OTAGO PROPERTY HOLDINGS LIMITED V FENDAL FINANCE LIMITED HC CHCH CIV 2008-409-002244
The application was granted because proof of service and a deposition were on file demonstrating that the applicant either did not owe the money or that any debt was not yet due, and there was no notice of opposition or affidavit to the contrary.
Source-derived case information.
- Citation
- openlaw-4c2219fd_3e59_4669_b9e1_37ca38ff904a.pdf
- Parties
- Applicant: Otago Property Holdings Limited; Respondent: Fendal Finance Limited
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 17 November 2008
- Procedural Posture
- Civil Debt/application / Oral Judgment on Undefended Application
- Outcome
- Application granted
- Legal Topics
- Proof of Service, Unopposed Application, Deposition Evidence
Source-derived case record
Summary, issues, holding and outcome
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Parties
Otago Property Holdings Limited
Applicant
Fendal Finance Limited
Respondent
Procedural Posture
Civil Debt/application / Oral Judgment on Undefended Application
Legal Issues
- 1 Whether to grant the application in the absence of any notice of opposition
- 2 Whether the applicant owed the money claimed or whether any debt was not yet due
- 3 Whether proof of service and affidavit/deposition sufficed to support granting the application
Ratio Decidendi
The application was granted because proof of service and a deposition were on file demonstrating that the applicant either did not owe the money or that any debt was not yet due, and there was no notice of opposition or affidavit to the contrary.
Court Disposition
Application granted
Orders
- Application granted
- No costs sought by applicant
Full Case Text
Judgment text and source record
1 paragraphs
OTAGO PROPERTY HOLDINGS LIMITED V FENDAL FINANCE LIMITED HC CHCH CIV 2008-409- 002244 17 November 2008IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY CIV 2008-409-002244BETWEEN OTAGO PROPERTY HOLDINGS LIMITED Applicant AND FENDAL FINANCE LIMITED Respondent Hearing: 17 November 2008 Appearances: Ms Borrett for applicant No appearance for respondent Judgment: 17 November 2008ORAL JUDGMENT OF ASSOCIATE JUDGE DOOGUECounsel: Mr Dean Tobin, P O Box 5117, Dunedin[1] This matter is related to the proceeding in 2008-409-2243. Again proof of service is available and there is a deposition on file in which Ms Corish states that the applicant does not owe the respondent the money sought and that it does owe money but that is not due for repayment. In the absence of any notice of opposition or affidavit to the contrary it seems to me to be appropriate to grant the application, which I do. Ms Borrett again does not seek costs. _____________ J.P. Doogue Associate Judge