1 Aug 2023
The accountant's review of company financial statements and bank records established the misapplied sum of $121,555.49; the plaintiff made demand and no payment was made; accordingly the plaintiff is entitled to summary judgment for that quantified amount against both defendants jointly and severally.
16 Dec 2015
Because the plaintiff's calculations of interest and costs were supported, unopposed and the court was satisfied as to their correctness, the court entered judgment for interest of $28,532.61 to date and for costs of $49,506 plus disbursements of $5,249.53.
5 May 2014
Summary judgment granted because the first named second defendant did not file any opposition or affidavit and no genuine triable issue was raised; judgment entered for $335,416.21 with costs on a 2A basis and disbursements awarded.
6 Aug 2013
The Court found no arguable genuine dispute: the arbitrator had addressed jurisdiction in reasoned awards, Wilbur did not and is out of time to challenge those awards under the Arbitration Act 1996, the award has been entered as a High Court judgment and Wilbur's solvency does not justify setting aside an indisputable debt; accordingly the statutory demand was not set aside and the application was dismissed.
28 Oct 2008
The court exercised its discretion and, being satisfied it was appropriate, entered judgment by consent against the first defendant in favour of the plaintiffs for $160,000 despite that sum being less than the settlement amount.
15 Oct 2008
The court held that the additional affidavits and memorandum provided sufficient evidence to apportion the previously determined liability of $573,195.49 among the named plaintiffs, and therefore summary judgment was entered for each plaintiff in the specified amounts; costs were reserved.