WESTPAC NZ LTD v TOYOTA [2015] NZHC 2020
Because the defendants were served, failed to take any steps or appear and offered no defence, the court was satisfied that summary judgment was appropriate and entered judgment for the plaintiff for the claimed sums with specified interest, costs and disbursements.
Source-derived case information.
- Citation
- [2015] NZHC 2020
- Parties
- Plaintiff: Westpac New Zealand Limited; Defendant: Anna Sukoi Toyota; Defendant: Katsuto Toyota
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 26 August 2015
- Procedural Posture
- Summary Judgment on Guarantee Claim / Judgment Delivered (summary Judgment Granted)
- Outcome
- Summary judgment granted for plaintiff Westpac New Zealand Limited against defendants Anna Sukoi Toyota and Katsuto Toyota
- Legal Topics
- Guarantee Enforcement, Summary Judgment, Interest on Judgment, Costs and Disbursements, Service of Proceedings
Source-derived case record
Summary, issues, holding and outcome
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Parties
Westpac New Zealand Limited
Plaintiff
Anna Sukoi Toyota
Defendant
Katsuto Toyota
Defendant
Procedural Posture
Summary Judgment on Guarantee Claim / Judgment Delivered (summary Judgment Granted)
Legal Issues
- 1 Whether summary judgment should be granted against defendants on a guarantee
- 2 Whether defendants were properly served and had any real prospect of defence
- 3 Appropriate calculation of interest, costs and disbursements
Ratio Decidendi
Because the defendants were served, failed to take any steps or appear and offered no defence, the court was satisfied that summary judgment was appropriate and entered judgment for the plaintiff for the claimed sums with specified interest, costs and disbursements.
Court Disposition
Summary judgment granted for plaintiff Westpac New Zealand Limited against defendants Anna Sukoi Toyota and Katsuto Toyota
Orders
- Judgment for plaintiff for amount claimed $321,993.48
- Interest on $315,133.28 at 17.15% per annum compounded monthly from 27 May 2015 to 25 August 2015 amount $13,676.20
Full Case Text
Judgment text and source record
1 paragraphs
WESTPAC NZ LTD v TOYOTA [2015] NZHC 2020 [26 August 2015]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYCIV-2015-404-001353[2015] NZHC 2020BETWEEN WESTPAC NEW ZEALAND LIMITEDPlaintiffAND ANNA SUKOI TOYOTA AND KATSUTOYOTADefendantsHearing: 25 August 2015Appearances: D M A Wiseman for PlaintiffNo appearance on behalf of DefendantJudgment: 26 August 2015JUDGMENT OF WYLIE JThis judgment is delivered by Justice Wylieon 26 August 2015 at 10.30ampursuant to r 11.5 of the High Court RulesRegistrar/Deputy RegistrarDate: Solicitors:Simpson Grierson, Auckland for PlaintiffCopy to Defendants[1] The plaintiff, Westpac New Zealand Limited seeks summary judgment against the defendants, Mr and Mrs Toyota, on a guarantee given in favour of the bank by the defendants.[2] The relevant documents were served on the defendants on 25 June 2015. They have taken no steps and there was no appearance either by or for them when the matter was called this morning.[3] The plaintiff wishes to proceed.[4] It is appropriate in the circumstances to award summary judgment in favour of the plaintiff.[5] I make an order granting summary judgment to the plaintiff as follows:A. For a cause of action against the defendants(a) Amount claim as set out in the statementof claim $321,993.48(b) Interest on the sum of $315,133.28 at the $13,676.20rate of 17.15 per cent per annum and compoundingmonthly, from 27 May 2015 until 25August 2015(c) Interest on the sum of $3,884.73 at the rate $114.87of 11.74 per cent per annum and compoundingmonthly from 27 May 2015 until 25 August2015Subtotal $335,784.55Interest is to accrue on the judgment debt inaccordance with the Judicature Act 1908B. CostsThe costs (on a category 2B basis) of and incidentalto this proceeding, being:(a) Item 1: Commencement of proceedings $5,970.00(3 days at $1,990 per day)(b) Item 22: Preparing and filing summary $1,194.00judgment application (0.6 days at $1,990per day)(c) Items 12: Appearing at mention (0.2 days $446.00at $2,230 per day)(d) Item 29: Sealing judgment (0.2 days $446.00at $2,230 per day)Subtotal $8,056.00C. Disbursements(e) Filing statement of claim and interlocutory $1,350.00application for summary judgment(f) Sealing fee $50.00(g) Service fee for service of summary judgment $161.00proceedingsSubtotal $1,561.00Total $345,401.55________________________Wylie J