BANK OF NEW ZEALAND v VAN HEERDEN [2017] NZHC 2334

BANK OF NEW ZEALAND v VAN HEERDEN [2017] NZHC 2334

Because the Bank produced the relevant guarantee and the respondent took no steps in opposition, the Court was satisfied there was no reasonably arguable defence and entered judgment for the Bank for the indebtedness, interest, costs and disbursements.

Citation
[2017] NZHC 2334
Parties
Applicant/plaintiff: Bank of New Zealand; Respondent/defendant: Jennifer Van Heerden
Court
High Court
Jurisdiction
New Zealand
Judgment Date
26 September 2017
Procedural Posture
Application for Summary Judgment / Judgment Entered
Outcome
Judgment for applicant
Legal Topics
Summary Judgment, Guarantee, Loan Agreement, Default Interest, Costs
Civil Procedure Contract Guarantee and Indemnity Debt Recovery Summary Judgment Guarantee Loan Agreement Default Interest +1 more

Case Brief

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Parties

Bank of New Zealand

Applicant/plaintiff

Jennifer Van Heerden

Respondent/defendant

Procedural Posture

Application for Summary Judgment / Judgment Entered

Legal Issues

  1. 1 Whether the respondent has a reasonably arguable defence to defeat summary judgment
  2. 2 Whether the respondent is liable under the existing guarantee for the loan agreement
  3. 3 Whether part of the claim (husband's visa account) should proceed

Ratio Decidendi

Because the Bank produced the relevant guarantee and the respondent took no steps in opposition, the Court was satisfied there was no reasonably arguable defence and entered judgment for the Bank for the indebtedness, interest, costs and disbursements.

Court Disposition

Judgment for applicant

Orders

  • Judgment entered for the Bank against the defendant for $190,404.69
  • Interest on $190,404.69 at 8.34% per annum from 17 May 2016 to date of judgment totaling $21,666.07