STAPLES RODWAY LIMITED v JOHN ANTHONY CRISFORD [2015] NZHC 670

STAPLES RODWAY LIMITED v JOHN ANTHONY CRISFORD [2015] NZHC 670

The Court found no tenable case of a contingency agreement and that the first defendant had accepted the work and charges and bound himself personally by the signed documents (including the deed acknowledging debt); summary judgment was therefore granted against the first defendant for $249,135.43 with interest. The...

Source-derived case information.

Citation
[2015] NZHC 670
Parties
Plaintiff: Staples Rodway Limited; First Defendant: John Anthony Crisford; Second Defendant: 1689149 Limited as trustee of the John Crisford Family Trust
Court
High Court
Jurisdiction
New Zealand
Judgment Date
8 April 2015
Procedural Posture
Summary Judgment Application (debt Claim for Professional Fees) / Hearing on Summary Judgment; Judgment Delivered
Outcome
Summary judgment granted against the first defendant; summary judgment declined against the second defendant; costs reserved.
Legal Topics
Summary Judgment, Contingency Fee Agreements, Rectification, Apparent Authority, Companies Act S330 Restoration, Execution of Deeds and Director Authority, Caveat and Mortgage Security
Contract Law Company Law Trusts Law Civil Procedure Property Law Summary Judgment Contingency Fee Agreements Rectification +4 more

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Parties

Staples Rodway Limited

Plaintiff

John Anthony Crisford

First Defendant

1689149 Limited as trustee of the John Crisford Family Trust

Second Defendant

Procedural Posture

Summary Judgment Application (debt Claim for Professional Fees) / Hearing on Summary Judgment; Judgment Delivered

Legal Issues

  1. 1 Whether the engagement constituted a contingency agreement limiting fees to $5,000
  2. 2 Whether the first defendant is personally liable for the unpaid fees
  3. 3 Whether the corporate trustee (second defendant) is bound by the engagement, guarantee or deed

Ratio Decidendi

The Court found no tenable case of a contingency agreement and that the first defendant had accepted the work and charges and bound himself personally by the signed documents (including the deed acknowledging debt); summary judgment was therefore granted against the first defendant for $249,135.43 with interest. The Court declined summary judgment against the second defendant because, although s330 deems the struck off company to have continued in existence, Staples Rodway failed on the present evidence to establish actual, implied or apparent authority (or ratification) by the co‑director such that the second defendant was bound by the deed, leaving an arguable defence and a real...

Court Disposition

Summary judgment granted against the first defendant; summary judgment declined against the second defendant; costs reserved.

Orders

  • Judgment entered against first defendant John Anthony Crisford for $249,135.43 NZD
  • Interest to be calculated under s87 of the Judicature Act 1908 at 5% per annum from commencement of the proceeding to date of this judgment (8 April 2015)