TRUSTEES EXECUTORS LIMITED V SMITH HC AK CIV-2011-404-1377

TRUSTEES EXECUTORS LIMITED V SMITH HC AK CIV-2011-404-1377

Defendant admitted liability under the guarantees and failed to produce evidence to rebut the plaintiff's loan account statements, so there was no genuine issue to try and summary judgment on liability and quantum was appropriate.

Citation
openlaw-51600140_ad6c_4408_8679_5e9ad2842df8.pdf
Parties
Plaintiff: TRUSTEES EXECUTORS LIMITED; Defendant: GERALD MURRAY SMITH
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 August 2011
Procedural Posture
Debt/guarantee Summary Judgment Application / Oral Judgment on Summary Judgment Application (summary Judgment Granted)
Outcome
Summary judgment entered for plaintiff as to liability and quantum.
Legal Topics
Summary Judgment, Quantum, Enforcement, Security for Loans
Contract Guarantee Mortgage Civil Procedure Summary Judgment Quantum Enforcement Security for Loans

Case Brief

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Parties

TRUSTEES EXECUTORS LIMITED

Plaintiff

GERALD MURRAY SMITH

Defendant

Procedural Posture

Debt/guarantee Summary Judgment Application / Oral Judgment on Summary Judgment Application (summary Judgment Granted)

Legal Issues

  1. 1 Whether defendant was liable under the guarantees
  2. 2 Whether the amount claimed was accurately quantified
  3. 3 Whether payments/credits (interest retention, rent, sale proceeds) were properly applied

Ratio Decidendi

Defendant admitted liability under the guarantees and failed to produce evidence to rebut the plaintiff's loan account statements, so there was no genuine issue to try and summary judgment on liability and quantum was appropriate.

Court Disposition

Summary judgment entered for plaintiff as to liability and quantum.

Orders

  • Summary judgment entered for plaintiff Trustees Executors Limited against Gerald Murray Smith as to liability and quantum.
  • No order as to costs.