S. H. LOCK (NZ) LIMITED V ELLIOTT HC TAU CIV-2011-470-834

S. H. LOCK (NZ) LIMITED V ELLIOTT HC TAU CIV-2011-470-834

The Court corrected the summary judgment to record that interest of $282,804.29 covers the period down to 14 September 2011 and refused to make an order purporting to enter judgment for amounts that have yet to accrue because a court cannot enter judgment for future-accruing amounts.

Citation
openlaw-87d0dc05_a4e4_4973_8a13_9e79cfae5cbb.pdf
Parties
Plaintiff: S. H. LOCK (NZ) LIMITED; First Defendant: BRETT ARTHUR ELLIOTT; Second Defendant: MOIRA NADINE SUNTAU; Third Defendants: BRETT ARTHUR ELLIOTT AND MOIRA NADINE SUNTAU AND CLM TRUSTEES LIMITED, TRUSTEES OF THE ELLIOTT-DONOVAN FAMILY TRUST
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 March 2012
Procedural Posture
Civil Summary Judgment / Judgment Correction / Enforcement of Judgment Interest Calculation
Outcome
Summary judgment corrected to record interest of $282,804.29 to 14 September 2011; other terms of the earlier judgment to remain; application to enter judgment for future accruals refused.
Legal Topics
Summary Judgment, Interest Calculation, Correction of Judgment, Future Accruals
Civil Procedure Debt Recovery Judgments and Enforcement Summary Judgment Interest Calculation Correction of Judgment Future Accruals

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Parties

S. H. LOCK (NZ) LIMITED

Plaintiff

BRETT ARTHUR ELLIOTT

First Defendant

MOIRA NADINE SUNTAU

Second Defendant

BRETT ARTHUR ELLIOTT AND MOIRA NADINE SUNTAU AND CLM TRUSTEES LIMITED, TRUSTEES OF THE ELLIOTT-DONOVAN FAMILY TRUST

Third Defendants

Procedural Posture

Civil Summary Judgment / Judgment Correction / Enforcement of Judgment Interest Calculation

Legal Issues

  1. 1 Whether the interest component of the previously entered summary judgment required correction to cover the period to 14 September 2011
  2. 2 Whether the court may enter judgment for amounts that have yet to accrue

Ratio Decidendi

The Court corrected the summary judgment to record that interest of $282,804.29 covers the period down to 14 September 2011 and refused to make an order purporting to enter judgment for amounts that have yet to accrue because a court cannot enter judgment for future-accruing amounts.

Court Disposition

Summary judgment corrected to record interest of $282,804.29 to 14 September 2011; other terms of the earlier judgment to remain; application to enter judgment for future accruals refused.

Orders

  • Corrected judgment records interest of $282,804.29 as covering the period down to 14 September 2011
  • In all other respects the terms of the earlier summary judgment entered on 18 November 2011 are to stand