ST LAURENCE LENDING LIMITED V COVENTRY LIMITED AND ORS HC NAP CIV-2007-441-151

ST LAURENCE LENDING LIMITED V COVENTRY LIMITED AND ORS HC NAP CIV-2007-441-151

Summary judgment was entered against the first and second defendants because they consented and there was no contested defence; judgment was entered for $272,931.00 with default interest at 21% per annum from 26 August 2006 to 29 March 2007, costs on a category 2B basis and disbursements, time for service on the...

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Citation
openlaw-7d0cb4bc_352d_46e6_a0c2_3a787e9419fa.pdf
Parties
Plaintiff: ST LAURENCE LENDING LIMITED; First Defendant: COVENTRY LIMITED; Second Defendant: ROBIN DALE MORTENSEN; Third Defendant: PAUL FRANCIS O'LEARY
Court
High Court
Jurisdiction
New Zealand
Judgment Date
29 March 2007
Procedural Posture
Summary Judgment Application / Oral Decision on Summary Judgment (judgment Delivered)
Outcome
Summary judgment entered against first and second defendants; matter against third defendant adjourned by consent.
Legal Topics
Summary Judgment, Default Interest, Costs, Service Abridgement, Adjournment
Civil Procedure Debt Recovery Contract Summary Judgment Default Interest Costs Service Abridgement Adjournment

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Parties

ST LAURENCE LENDING LIMITED

Plaintiff

COVENTRY LIMITED

First Defendant

ROBIN DALE MORTENSEN

Second Defendant

PAUL FRANCIS O'LEARY

Third Defendant

Procedural Posture

Summary Judgment Application / Oral Decision on Summary Judgment (judgment Delivered)

Legal Issues

  1. 1 Whether summary judgment should be entered against the defendants
  2. 2 Calculation and award of principal and default interest
  3. 3 Whether time for service on the second defendant should be abridged

Ratio Decidendi

Summary judgment was entered against the first and second defendants because they consented and there was no contested defence; judgment was entered for $272,931.00 with default interest at 21% per annum from 26 August 2006 to 29 March 2007, costs on a category 2B basis and disbursements, time for service on the second defendant was abridged by consent, and the claim against the third defendant was adjourned by consent to 10 May 2007.

Court Disposition

Summary judgment entered against first and second defendants; matter against third defendant adjourned by consent.

Orders

  • Judgment for the sum of $272,931.00 in accordance with the plaintiff's Statement of Claim.
  • Interest at the default interest rate of 21% per annum from 26 August 2006 to 29 March 2007 at a daily rate of $157.02, totalling $33,759.30.