RAVENSDOWN FERTILISER CO-OPERATIVE LIMITED V RJ & MH MCVITTY HC PMN CIV-2011-454-363

RAVENSDOWN FERTILISER CO-OPERATIVE LIMITED V RJ & MH MCVITTY HC PMN CIV-2011-454-363

The May 2002 credit application created the contract with RJ & MH McVitty; invoices were addressed to that partnership and bore the partnership customer number; completion of AUTOPAY forms did not transfer or reassign contractual liability to the company; the defendants failed to file affidavits or credible evidence to establish a real defence; accordingly there was no real question to be tried and summary judgment was warranted for the reduced sum, with contractual interest and solicitor-client costs.

Citation
openlaw-14c0a46f_6ee3_4fea_98fd_386eb7dc4290.pdf
Parties
Plaintiff: Ravensdown Fertiliser Co-operative Limited; First Defendant: Robert Julian McVitty; Second Defendant: Margaret Helen McVitty
Court
High Court
Jurisdiction
New Zealand
Judgment Date
27 January 2012
Procedural Posture
Civil Summary Judgment Application / Summary Judgment Hearing and Judgment
Outcome
Summary judgment entered for plaintiff against the first and second defendants
Legal Topics
Summary Judgment, Credit Account, Personal Liability, Assignment of Debt, Interest, Costs Solicitor Client
Contract Civil Procedure Debt Recovery Commercial Law Summary Judgment Credit Account Personal Liability Assignment of Debt +2 more

Case Brief

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Parties

Ravensdown Fertiliser Co-operative Limited

Plaintiff

Robert Julian McVitty

First Defendant

Margaret Helen McVitty

Second Defendant

Procedural Posture

Civil Summary Judgment Application / Summary Judgment Hearing and Judgment

Legal Issues

  1. 1 Whether the defendants have any real defence to the plaintiff's claim
  2. 2 Whether the debt and invoices were properly payable by the individual defendants or by McVitty Properties Ltd
  3. 3 Whether completion of AUTOPAY forms effected an assignment or variation of liability

Ratio Decidendi

The May 2002 credit application created the contract with RJ & MH McVitty; invoices were addressed to that partnership and bore the partnership customer number; completion of AUTOPAY forms did not transfer or reassign contractual liability to the company; the defendants failed to file affidavits or credible evidence to establish a real defence; accordingly there was no real question to be tried and summary judgment was warranted for the reduced sum, with contractual interest and solicitor-client costs.

Court Disposition

Summary judgment entered for plaintiff against the first and second defendants

Orders

  • Judgment for plaintiff Ravensdown Fertiliser Co-operative Limited against Robert Julian McVitty and Margaret Helen McVitty in the sum of $246,478.44
  • Interest at the contractual penalty rate of 24% per annum from 1 December 2011 until payment