RD1 LIMITED V DRYLAND AND DRYLAND TRADING AS JAG FARMS HC HAM CIV 2009-419-000168

RD1 LIMITED V DRYLAND AND DRYLAND TRADING AS JAG FARMS HC HAM CIV 2009-419-000168

By consent the Court set aside the default judgment against Andrew Dryland, made a charging order over 25 Belmont Avenue (Certificate of Title SA10C/727), discharged the charging order over 22 Yeats Crescent (Certificate of Title SA8D/402) with cooperation to secure removal from title if needed, reserved leave to apply for relief from the charging order over 25 Belmont, transferred the substantive claim back to the District Court for determination and awarded costs to RD1 Limited on a 2B basis plus enforcement costs of $2,367.50 for the period from mid‑2008.

Citation
openlaw-bfb02402_b092_4026_9f61_8e75703b1589.pdf
Parties
Plaintiff/respondent: RD1 LIMITED; Defendant/applicant: Andrew Paul Dryland; Defendant/applicant: Jonathon Mark Dryland trading as JAG Farms
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 July 2009
Procedural Posture
Civil Application to Set Aside Default Judgment / Consent Orders Made; Matter Transferred to District Court for Substantive Claim
Outcome
Application to set aside default judgment granted by consent; orders made concerning charging orders; proceedings transferred to the District Court; costs awarded to respondent.
Legal Topics
Set Aside Default Judgment, Charging Order, Discharge of Charging Order, Costs Assessment, Transfer of Proceedings
Civil Procedure Property Costs Enforcement Set Aside Default Judgment Charging Order Discharge of Charging Order Costs Assessment +1 more

Case Brief

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Parties

RD1 LIMITED

Plaintiff/respondent

Andrew Paul Dryland

Defendant/applicant

Jonathon Mark Dryland trading as JAG Farms

Defendant/applicant

Procedural Posture

Civil Application to Set Aside Default Judgment / Consent Orders Made; Matter Transferred to District Court for Substantive Claim

Legal Issues

  1. 1 Whether the default judgment entered against Andrew Dryland should be set aside
  2. 2 Whether charging orders over specified properties should be made or discharged
  3. 3 Whether the respondent is entitled to costs and an allowance for enforcement costs and, if so, the quantum

Ratio Decidendi

By consent the Court set aside the default judgment against Andrew Dryland, made a charging order over 25 Belmont Avenue (Certificate of Title SA10C/727), discharged the charging order over 22 Yeats Crescent (Certificate of Title SA8D/402) with cooperation to secure removal from title if needed, reserved leave to apply for relief from the charging order over 25 Belmont, transferred the substantive claim back to the District Court for determination and awarded costs to RD1 Limited on a 2B basis plus enforcement costs of $2,367.50 for the period from mid‑2008.

Court Disposition

Application to set aside default judgment granted by consent; orders made concerning charging orders; proceedings transferred to the District Court; costs awarded to respondent.

Orders

  • Judgment entered in this Court against Andrew Dryland on 2 February 2009 (based on District Court judgment of 28 March 2008) is set aside.
  • There will be a charging order over the property of Andrew Dryland at 25 Belmont Avenue, Chartwell, Hamilton (Certificate of Title SA10C/727); existing charging order made in reliance on the judgment may continue.