1 Dec 2020
MOKE v REHU [2020] NZHC 3160
- Citation
- [2020] NZHC 3160
- Court
- High Court
The prior Family Court and appellate determinations that the 2008 advances were loans repayable on demand are binding; the defendant cannot now assert those advances were repaid by the $513,232.97 paid into accounts. The appeal judgment nonetheless established an overpayment credit of $48,975 in favour of the defendant. Applying that credit to the $350,000 indebtedness produces a judgment for the plaintiff of $301,025, with statutory interest from 21 January 2019, and costs to the plaintiff.